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LIBRARY  OF  THE 
UNIVERSITY  OF  ILLINOIS 
AT  URBANA-CHAMPAIGN 

IN  MEMORY  OF 
STEWART  S.  HOWE 
JOURNALISM  CLASS  OF  1928 


STEWART  S.  HOWE  FOUNDATION 

352.0773 

M75o 

1900 

I .H.S  . 


\ 


* 


t 


THE 


» 


MUNICIPAL  CODE 

OF 

MONMOUTH, 

COMPRISING 


THE  LAWS  OF  ILLINOIS  RELATING  TO  THE 

CITY  OF  MONMOUTH 


AND  THE 

ORDINANCES  OF  THE  CITY  COUNCIL, 

CODIFIED  AND  REVISED 

AND 

PUBLISHED  BY  AUTHORITY  OF  THE 
CITY  COUNCIL. 

23 


MONMOUTH,  ILL.: 

REVIEW  PRINTING  COMPANY 

1900. 


Published  November  22,  1900. 


</z  ?/ 


/ 


352,  0773 
MlSo 
1100 


MAYORS  OF  THE  CITY  OF  MONMOUTH, 


From  the  Date  ot  its  Incorporation,  1852. 


Samuel  Wood 
George  W.  Palmer, 

E.  S.  Swinney, 

Robert  Grant, 

W.  H.  Young, 

I.  Quinby, 

J.  H.  Holt, 

N.  A.  Rankin,  . 

H.  G.  Harding, 
Samuel  Wood, 
William  Cowan, 
George  Babcock, 

John  M.  Turnbull, 
Samuel  Wood, 

J.  A.  Templeton, 

S.  Douglas, 

W.  B.  Boyd, 

W.  M.  Buffington, 

D.  Babcock, 

J.  H.  Holt, 

J.  L.  Dryden, 

J.  H.  Holt. 

J.  M.  Me  Cutcheon, 
William  Hanna, 
Ithamar  P.  Pillsbury 
Henry  Burlingim, 

W.  B.  Young, 
Ithamar  P.  Pillsbury, 
Henry  Burlingim, 
Warren  E.  Taylor, 
William  B.  Wolf, 
Reimer  Lahann, 
Frank  L.  Hall, 
William  A.  Sawyer, 


1852 

1853 

1854 

1855 

1856 

1857 

1858 

1859-1860 

1861-1862 

1863 

1864-1865 

1866 

1867 

1868 

1869 

1870 

1871 

1872 

1873 

1874-1875 

1876 

1877 

1878-1879 

1880-1881 

1882 

1883-1884 

1885-1886 

1887-1888 

1889-1890 

1891-1892 

1893-1894 

1895-1896 

1897-1898 

1899 


OFFICERS  OF  THE  CITY  GOVERNMENT 


OF  THE 

CITY  OF  MONMOUTH. 


WILLIAM  A.  SAWYER, 

Mayor  and  President  ex-officio  of  the  City  Council. 
Telephone — Office,  170;  Residence,  157. 


J.  S  CANNON, 

City  Clerk  and  ex-officio  Clerk  Board  of  Health. 
Telephone— Office,  28. 


I.  M.  KIRKPATRICK, 

City  Attorney  and  Corporation  Counsel. 
Telephone— Office,  78. 


ALDERMEN. 

First  Ward — J.  R.  Hickman* 

J.  M.  Torrance  .  , 

Second  Ward — Allen  Dunn,  * 

J.  N  Herdinan, 

Third  Ward — Jno.  VanSteenwyk,  * 

H.  H.  Bates, 

Fourth  Ward— J.  P.  Moore, 

James  Costello, 

Fifth  Ward — Charles  Lee, 

N.  D.  Bovvker,  . 

♦Resigned  November  5.  liiOO. 


Term  Expires. 

.  May,  1901 
May,  1902 

.  May,  1901 
May,  1902 

.  May,  1901 
May,  1902 

.  May,  1901 
May,  1902 

.  May,  1901 
May,  1902 


6 


CITY  OFFICERS. 


FINANCE. 

Finance  Committee — Hickman,  Bates,  Moore. 

Auditing- Committee— Bates,  Lee,  Costello. 

City  Treasurer,  ......  E.  ,E.  Hanna 

City  Collector,  .  .  .  .  .  .  E.- J.' Clarke 

Telephone — Residence,  1303. 


FIRE  DEPARTMENT. 

Engine  House  No.  1 — City  Building,  East  First  Avenue. 

Telephone  1. 

Engine  House  No.  3— D  Street  and  Sixth  Avenue. 

Fire  Committee — Lee,  Moore,  Herdman. 

Chief  Fire  Marshal,  .  .  .  .  .  C.  F.  Buck 

Telephone  Residence,  4. 

First  Assistant  Fire  Marshal. 

Second  Assistant  Fire  Marshal, 

Telephone— Residence,  169. 

Custodian  Hose  Wagon,  .... 

Custodian  Hook  and  Ladder, 

Custodian  Chemical  Engine, 

Custodian  Chemical  Engine, 

Custodian  Engine  House  No.  3, 


HEALTH  DEPARTMENT. 

Sewer  Committee — Dunn,  Costello,  Torrance. 

Health  Officer,  .  .  .  .  F.  E.  Wallace,  M.  D 

Telephone — Residence,  1181. 

Member  Board  of  Health,  .  .  .  .  D.  D.  Dunkle 

Member  Board  of  Health,  .  .  .  .  .  J.  C.  Irwin 

Mayor  and  City  Clerk  members  ex-officio. 

Sewer  and  Plumbing  Inspector,  J.  Ed.  Miller 

Scavenger,  .  .  .  ...  .  Joseph  G.  Smilie 


C.  E.  Tracey 

Richard  Gordon 
T.  A.  Wilcox 
G.  A.  Claycomb 
LeRoy  Shell i 
Samuel  Lib}' 


President, 

Secretary, 

Member. 


BOARD  OF  LOCAL  IMPROVEMENTS. 


Mayor  W.  A  Sawyer 
.  *  J.  Ed.  Miller 

A.  W.  Ryan 


CITY  OFFICERS. 


WATER  WORKS  DEPARTMENT. 

Pumping  Station — North  Sixth  Street  and  Clinton  Avenue. 

Telephone  3. 

Water  Works  Committee— Moore,  Hickman,  Lee. 


Superintendent, 

•  •  •  •  • 

Telephone — Residence,  7. 

.  ( 

0.  L.  Eby 

Engineer, 

•  •  •  i  • 

.  C.  J. 

Anderson 

Engineer, 

»••••• 

Thos. 

Torrance 

STREETS,  ALLEYS  AND 

PARKS. 

Committee — Hickman,  Dunn,  Herdman. 

• 

Superintendent  of  Streets, 

•  • 

A.  W.  Ryan 

Telephone — Residence 

178. 

City  Engineer,  .... 

#  • 

J.  Ed.  Miller 

Telephone— Residence, 

• 

168. 

• 

• 

POLICE  DEPARTMENT. 

Police  Station — North  Main  Street  and  Archer  Avenue. 

Telephone,  5. 

Police  Committee — Costello,  Torrance,  Dunn. 

City  Attorney,  .... 

• 

I.  M.  Kirkpatrick 

Telephone — Office.  78. 

Police  Magistrate,  .... 

* 

Geo.  E.  Cox 

Telephone — Residence, 

167. 

City  Marshal,  .... 

. 

.  A.  B.  Holliday 

Telephone — Residence, 

166. 

Sergeant  of  Police,  .... 

• 

G.  W.  Morrison 

Policeman,  ..... 

J.  T.  Graham 

Policeman,  ..... 

« 

Wilson  S.  Gates 

Policeman,  ..... 

• 

Frank  L.  Hill 

Policeman  at  Court  House, 

• 

Harry  Cecil 

MONMOUTH  CEMETERY. 

North  Sixth  Street. 

Committee— Herdman,  Bowker,  Van  Steenwyk. 
City  Sexton,  ...... 


Telephone — Residence,  8. 


W.  E.  Stone 


8 


CITY  OFFICERS. 


STREET  LIGHTING. 

Light  Station— B  Street  and  Fifth  Avenue. 
Committee— Torrance,  Van  Steenwyk,  Bowker. 


MISCELLANEOUS. 

Committee — Van  Steenwyk,  Lee,  Bates 

City  Scales — North  First  Street  and  Archer  Avenue.  * 
Weighmaster,  .  .  .  .  .  .  H.  C.  Mark 

Oil  Inspector,  ......  Rev.  A.  Johnson 

Inspector  Weights  and  Measures,  .  .  .  Louis  A.  Kob!er 


I 


CONSTITUTIONAL  PROVISIONS 

In  Relation  to  City  Governments. 


ARTICLE  IV. 

Section  4.  No  person  who  has  been,  or  hereafter  shall  be, 
convicted  of  bribery,  perjury,  or  other  infamous  crime,  nor  any 
person  who  has  been  or  may  be  a  collector  or  holder  of  public 
moneys,  who  shall  not  have  accounted  for,  and  paid  over, 
according  to  law,  all  such  moneys  due  from  him,  shall  be 
eligible  to  the  general  assembly,  or  to  any  office  of  profit  or 
trust  in  this  state. 

g  22.  The  general  assembly  shall  not  pass  local  or  special 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say: 

•fQJ.  *  *  *  *  *  *  * 

incorporating  cities,  towns,  or  villages  or  changing  or  amend¬ 
ing  the  charter  of  any  town,  city,  or  village. 

*  *  *  *  *  *  *  * 

Creating,  increasing  or  decreasing  fees,  percentage  or 
allowances  of  public  officers,  during  the  term  for  which  said 
officers  are  elected  or  appointed. 

§  23.  The  general  assembly  shall  have  no  power  to  release 
or  extinguish,  in  whole,  or  in  part,  the  indebtedness,  liability, 
or  obligation  of  any  corporation,  or  individual,  to  this  state,  or 
to  any  municipal  corporation  therein. 

§  28.  No  law  shall  be  passed  which  shall  operate  to  extend 
the  term  of  any  public  officer  after  his  election  or  appointment. 

ARTICLE  V. 

Section  25.  All  civil  officers,  except  members  of  the 
general  assembly,  and  such  inferior  officers  as  may  be  by  law 
exempted,  shall,  before  they  enter  on  the  duties  of  their  re* 
spective  offices,  take  and  subscribe  the  following  oath  or 
affirmation: 

I  do  solemnly  swear  (or  affirm  as  the  case  may  be),  that  I  will  sup¬ 
port  the  Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  according  to  the  best  of  my  ability. 


10 


CONSTITUTIONAL  PROVISIONS  IN 


And  no  other  oath,  declaration,  or  test  shall  be  required  as 
a  qualification. 

ARTICLE  VIII. 

Section  3.  Neither  the  general  assembly,  nor  any  county, 
city,  town,  towmship,  school  district, or  other  public  corporation, 
shall  ever  make  any  appropriation,  or  pay  from  any  public  fund 
whatever,  anything  in  aid  of  any  church  or  sectarian  purpose, 
or  to  help  support  or  sustain  any  school,  academy,  seminary, 
college,  university,  or  other  literary  or  scientific  institution, 
controlled  by  any  church  or  sectarian  denomination  whatever; 
r  or  shall  any  grant,  or  donation  of  land,  money,  or  other  per¬ 
sonal  property  ever  be  made  by  the  state  or  any  such  public 
corporation,  to  any  church  or  for  any  sectarian  purpose. 

ARTICLE  IX. 

Section  9.  The  general  assembly  may  vest  the  corporate 
authorities  of  cities,  towns  and  villages  with  pawer  to  make 
local  improvements  by  special  assessments,  or  by  special  tax¬ 
ation  of  contiguous  property,  or  otherwise.  For  all  other  cor¬ 
porate  purposes,  all  municipal  corporations  may  be  vested  with 
authority  to  assess  and  collect  taxes;  but  such  taxes  shall  be 
uniform  in  respect  to  persons  and  property,  within  the  jurisdic¬ 
tion  of  the  body  imposing  the  same. 

§  10.  The  general  assembly  shall  impose  taxes  upon 
municipal  corporations,  or  the  inhabitants  or  property  thereof, 
for  corporate  purposes,  but  shall  require  that  all  the  taxable 
property  within  the  limits  of  municipal  corporations  shall  be 
taxed  for  the  payment  of  deffis  contracted  under  authority  of 
law,  such  taxes  to  be  uniform  in  respect  to  persons  and  prop¬ 
erty,  within  the  jurisdiction  of  the  body  imposing  the  same. 
Private  property  shall  not  be  liable  to  be  taken  or  sold  for  the 
payment  of  the  corporate  debts  of  a  municipal  corporation. 

§  11.  No  person  who  is  in  default,  as  collector  or  custodian 
of  money  or  property  belonging  to  a  municipal  corporation, 
shall  be  eligible  to  any  office  in  or  under  such  corporation. 
The  fees,  salary,  oi  compensation  of  no  municipal  officer  who 
is  elected  or  appointed  for  a  definite  term  of  office,  shall  be  in¬ 
creased  or  diminished  during  such  term. 

§12.  No  county,  city,  township,  school  district,  or  other 
municipal  corporation,  shall  be  allowed  to  become  indebted  in 
any  manner  or  for  any  purpose,  to  an  amount,  including  exist¬ 
ing  indebtedness,  in  the  aggregate  exceeding  five  per  centum  on 
the  value  of  the  taxable  property  therein,  to  be  ascertained  by 
the  last  assessment  for  state  and  county  taxes,  previous  to  the 


RELATION  TO  CITY  GOVERNMENTS. 


11 


incurring  of  such  indebtedness.  Any  county,  city,  school  dis- 
trict,  or  other  municipal  corporation,  incurring  any  indebted¬ 
ness  as  aforesaid  shall,  before  or  at  the  time  of  doing  so,  pro¬ 
vide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and 
discharge  the  principal  thereof  within  twenty  years  from  the 
time  of  contracting  the  same.  This  section  shall  not  be  con¬ 
strued  to  prevent  any  county,  city,  township,  school  district,  or 
other  municipal  corporation  from  issuing  their  bonds  in  compli¬ 
ance  with  any  vote  of  the  people  which  may  have  been  had 
prior  to  the  adoption  of  this  constitution  in  pursuance  of  any 
law  providing  therefor. 

ARTICLE  XI. 

Section  4.  No  law  shall  be  passed  by  the  general  assem¬ 
bly  granting  the  right  to  construct  and  operate  a  street  railroad 
within  any  city,  town  or  incorporated  village,  without  requir¬ 
ing  the  consent  of  the  local  authorities  having  the  control  of 
the  street  or  highway  proposed  to  be  occupied  by  such  street 
railroad. 

municipal  subscriptions  to  railroads,  etc. 

No  county,  city,  town,  township  or  other  municipality,  shall 
ever  become  subscriber  to  the  capital  stock  of  any  railroad  or 
private  corporation,  or  make  donation  to  or  loan  its  credit  in  aid 
of  such  corporation:  Provided,  however,  that  the  adoption  of 
this  article  shall  not  beconstrued  as  affecting  the  rightof  any  such 
municipality  to  make  such  subscriptions  where  the  same  have 
been  authorized,  under  existing  laws,  by  a  vote  of  the  people  of 
such  municipalities  prior  to  such  adoption. 


STATUTES 

Relating  to  the  Government  of  the  City  of  Monmouth. 


An  Act  to  Provide  for  the  Incorporation  of  Cities  and  Villages. 
Adopted  by  the  City  of  Monmouth,  April  3d,  1882. 


ARTICLE  I. 

THE  ORGANIZATION  OP  CITIES. 

1.  How  City  may  Incorporate  under  this  Act.  g  1.  That 
any  city  now  existing  in  this  state  may  become  incorporated 
under  this  act  in  the  manner  following:  Whenever  one-eighth  of 
the  legal  voters  of  such  city  voting  at  the  last  preceding  muni¬ 
cipal  election,  shall  petition  the  mayor  and  council  thereof  to 
submit  the  question  as  to  whether  such  city  shall  become  in¬ 
corporated  under  this  act  to  a  vote  of  the  electors  in  such  city, 
it  shall  be  the  duty  of  such  mayor  and  council  to  submit  such 
question  to  a  vote  of  the  electors  of  said  city  at  the  next  ensu¬ 
ing  municipal'  election  of  said  city,  or  at  a  special  election  to  be 
.designated  by  them,  and  to  give  the  notice  required  by  law. 

2.  Notice  of  Election.  §  2.  The  mayor  of  such  city  shall 
give  at  least  thirty  days’  notice  of  such  election,  by  publishing 
a  notice  thereof  in  one  or  more  newspapers  within  such  city; 
but  if  no  newspajier  is  published  therein,  then  by  posting  at 
least  five  copies  of  such  notice  in  each  ward. 

3.  The  Ballot — Result,  g  3.  The  ballots  to  be  used  at 
such  election  shall  be  in  the  following  form:  “For  city  organ¬ 
ization  under  general  law;”  or,  “Against  city  organization  under 
general  law.  ”  The  judges  of  such  election  shall  make  returns 
thereof  to  the  city  council,  whose  duty  it  shall  be  to  canvass 
such  returns  and  cause  the  result  of  such  canvass  to  be  entered 
on  the  records  of  such  city.  If  a  majority  of  the  votes  cast  at 
such  election  shall  be  for  city  organization  under  general  law, 
such  city  shall  thenceforth  be  deemed  to  be  organized  under 
this  act;  and  the  city  officers  then  in  office,  shall,  thereupon, 


14 


STATUTES  RELATING  TO  THE  MUNICIPAL 


exercise  the  powers  conferred  upon  like  officers  in  this  act y 
until  their  successors  shall  be  elected  and  qualified. 

4.  How  Towns  may  become  Cities.  §  4.  Any  incorpor¬ 
ated  town  or  village  in  this  state,  having  a  population  of  not 
less  than  one  thousand  (1,000)  inhabitants,  may  become  incor¬ 
porated  as  a  city  in  like  manner  as  hereinbefore  provided;  but 
in  all  such  cases  the  president  and  trustees  of  such  town  or 
village  shall,  respectively,  perform  the  same  duties  relative  to 
such  change  of  organization  as  is  above  required  to  be  per¬ 
formed  by  the  mayor  and  council  of  cities. 

5.  Organizing  a  City — Petition — Election— Result.  §  5. 

Whenever  any  area  of  contiguous  territory  in  this  state  not 
exceeding  four  square  miles,  shall  have  resident  thereon  a  pop¬ 
ulation  of  not  less  than  one  thousand  inhabitants,  which  shall 
not  already  be  included  within  any  incorporated  towTn  or  city, 
the  same  may  become  incorporated  as  a  city  in  manner  follow¬ 
ing:  Any  fifty  legal  voters  thereof  may  file  in  the  office  of  the 
clerk  of  the  county  court,  of  the  county  in  which  such  inhabi¬ 
tants  reside,  a  petition,  addressed  to  the  judge  of  such  court; 
and  if  the  territory  described  in  said  petition  shall  be  in  more 
than  one  county,  then  the  petition  shall  be  addressed  to  the 
judge  of  the  court  where  a  greater  part  of  such  territory  is 
situated;  which  petition  shall  define  the  boundaries  of  such 
proposed  city,  and  state  the  number  of  inhabitants  residing 
within  such  limits,  and  also  state  the  name  of  such  proposed 
city,  and  shall  contain  a  prayer  that  the  question  be  submitted 
to  the  legal  voters  residing  within  such  limits,  whether  they 
will  organize  as  a  city  under  this  act.  It  shall  be  the  duty  of 
the  county  judge  to  fix  a  time  and  place,  within  the  boundaries 
of  such  proposed  city,  at  which  an  election  may  be  held  to  de¬ 
termine  such  question;  and  such  judge  shall  name  the  persons 
to  act  as  judges  in  holding  such  election,  and  shall  give  notice 
thereof  by  causing  ten  notices  to  be  posted  in  public  places 
within  such  proposed  city.  And  the  third  section  of  this 
article  shall  be  applicable  to  such  election:  Provided,  that  the 
returns  of  such  election  shall  be  made  to  and  canvassed  by  the 
county  judge  and  any  two  justices  of  the  peace  whom  he  shall 
call  to  his  assistance,  instead  of  the  city  council;  and  the  result 
of  such  election  shall  be  entered  upon  the  records  of  such 
county  court.  If  a  majority  of  the  votes  cast  at  such  election 
shall  be  “For  city  organization  under  general  law,  ”  the  inhabi¬ 
tants  of  such  territory,  described  in  such  petition,  shall  be 
deemed  to  be  incorporated  as  a  city,  under  this  act,  and  with 
the  nftme  stated  in  the  petition. 

6.  Courts  to  take  Judicial  Notice  of  Organization,  etc* 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


15 


§  6.  All  courts  in  this  state  shall  take  judicial  notice  of  the 
existence  of  all  villages  and  cities  organized  under  this  act, and 
of  the  change  of  the  organization  of  any  town  or  city  from  its 
original  organization,  to  its  organization  under  thisJact;  and  from 
the  time  of  such  organization  or  change  of  organization,  the 
provisions  of  this  act  shall  be  applicable  to  such  cities  and  vil¬ 
lages,  and  all  laws  in  conflict  therewith  shall  no  longer  be 
applicable.  But  all  laws  or  parts  of  laws,  not  inconsistent  with 
the  provisions  of  this  act,  shall  continue  in  force  and  applicable 
to  any  such  city  or  village,  the  same  as  if  such  change  of  or¬ 
ganization  had  not  taken  place. 

7.  Election  of  Officers.  §  7  It  shall  be  the  duty  of  the 
president  and  board  of  trustees  of  any  town  which  shall  have 
voted  to  change  its  organization  to  a  city,  under  this  act,  to  call 
and  give  notice  of  an  election  to  elect  city  officers,  and  to  desig¬ 
nate  the  time  and  place  or  places  of  holding  the  same.  Such 
notice  shall  be  published  in  a  newspaper,  if  there  be  one,  within 
the  town,  or  ported  in  ten  public  places,  for  at  least  twenty 
days  before  such  election.  Such  president  and  trustees  shall 
appoint  the  judges  and  clerks  to  hold  such  election,  canvass  the 
returns  thereof,  and  cause  the  result  to  be  entered  upon  the 
records  of  the  town;  and  the  provisions  of  this  act,  relative  to 
the  election  of  city  officers,  shall  be  applicable  thereto;  but,  at 
such  election,  aldermen  may  be  elected  on  a  general  ticket. 

8.  When  County  Judge  to  give  Notice  of  Election,  etc. 

§  8.  In  case  of  cities  organizing  under  section  five  (5)  of  ikis 
article,  the  county  judge  shall  call  and  give  notice  of  the  elec¬ 
tion,  and  perform  the  same  duties  relative  thereto  as  is  above 
required  to  be  performed  by  the  president  and  trustees  of  such 
town,  and  in  canvassing  such  returns  shall  call  to  his  assistance 
two  justices  of  the  peace. 

9.  Term  of  First  Officers.  §  9.  The  city  officers  elected 
under  either  of  the  preceding  sections,  shall  hold  their  respec¬ 
tive  offices  until  the  next  succeeding  regular  election  for  such 
officers,  respectively,  and  until  their  successors  are  elected  and 
qualified,  as  provided  in  this  act. 

10.  Corporate  Name — Powers.  §  10.  Cities  organized 
under  this  act  shall  be  bodies  politic  and  corporate,  under  the 
name  and  style  of  ‘  City  of  (name),”  and  under  such  name  may 
sue  and  be  sued,  contract  and  be  contracted  with,  acquire  and 
hold  real  and  personal  property  for  corporate  purposes,  have  a 
common  seal,  and  change  the  same  at  pleasure,  and  exercise  all 
the  powers  hereinafter  conferred. 

11.  Prior  Ordinances,  etc.,  in  force  until,  etc.  §  11.  All 


16 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ordinances,  resolutions  and  by-laws  in  force  in  any  city  or  town 
when  it  shall  organize  under  this  act,  shall  continue  in  full  force 
and  effect  until  repealed  or  amended,  notwithstanding  such 
change  of  organization;  and  the  making  of  such  change  of  or¬ 
ganization  shall  not  be  construed  to  effect  a  change  in  the  legal 
identity,  as  a  corporation,  of  such  city  or  town. 

12.  Rights,  etc. ,  of  Old  Corporations  to  Vest  in  New.  §  12. 

All  rights  and  property  of  every  kind  and  description,  which 
were  vested  in  any  municipal  corporation  under  its  former  or¬ 
ganization,  shall  be  deemed  and  held  to  be  vested  in  the  same  - 
municipal  incorporation  upon  its  becoming  incorporated  under 
the  provisions  of  this  act,  but  no  rights  or  liabilities,  either  in 
favor  of  or  against  such  corporation,  existing  at  the  time  of  so  be- 
comirg  incorporated  under  this  act,  and  no  suit  or  prosecution 
of  any  kind  shall  be  affected  by  such  change,  but  the  same  shall 
stand  and  progress  as  if  nochangeliad  been  made:  Provided,  that 
when  a  different  remedy  is  given  by  this  act,  which  may  prop¬ 
erly  be  made  applicable  to  any  right  existing  at  the  time  of  such 
city  so  becoming  incorporated  under  this  act,  the  same  shall  be 
deemed  cumulative  to  the  remedies  before  provided,  and  used 
accordingly. 

13.  Record  of  Result  of  Election.  §  13.  The  corporate 
authorities  of  any  city  or  village  which  may  become  organized 
under  this  act,  shall  within  three  (3)  months  after  organization 
hereunder,  cause  to  be  filed  in  the  office  of  the  recorder  of 
deeds  of  the  county  in  which  such  city  or  village  is  situated,  a 
certified  copy  of  the  record  of  the  county  court  or  of  the  city 
or  village  in  the  matter  of  such  organization  showing  the  can¬ 
vass  of  the  votes  and  the  result  of  the  election  whereby  such 
city  or  village  became  so  organized,  and  the  recorder  of  deeds 
shall  record  the  same.  And  upon  such  record  having  been  duly 
recorded  by  the  recorder  of  deeds  aforesaid,  he  shall  immedi¬ 
ately  transmit  the  ^ame  to  the  Secretary  of  State,  together  with 
his  certificate  of  such  recordation  endorsed  thereon  or  annexed 
thereto  and  it  appearing  from  the  recitals  in  said  record  that 
the  provisions  of  this  act  have  been  duly  complied  with,  the 
Secretary  of  State  shall  file  the  same  and  charter  said  city  or 
village  by  his  certificate  duly  authenticated  under  his  hand  and 
the  great  seal  of  state.  The  Secretary  of  State  shall  keep  a 
register  of  cities  and  villages  organized  under  the  provisions  of 
this  act.  (In  force  July  1,  1895.) 

13  a.  City  Register’s  Office  Abolished,  g  14.  If  any 
city  organized  or  w7hich  may  hereafter  organize  under  this  act, 
shall  have  had  by  the  terms  and  provisions  of  its  special  charter 
a  city  register's  office  or  other  office  in  which  deeds,  mortgages, 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


17 


or  other  instruments  were  required  or  authorized  by  law  to  be 
recorded  in  lieu  of  recording  the  same  in  the  recorder’s  office  in 
the  county,  where  said  city  was  situated,  such  city  register’s 
office  or  recorder’s  office  shall  be  discontinued  under  this  act, 
and  the  city  register  or  r<  corder  or  other  officer  having  the  cus¬ 
tody  of  the  records,  books,  and  papers  perlaining  to  such  city 
register  or  recorder’s  office  shall  deposit  such  records  and  books 
and  papers  in  the  office  of  the  recorder  of  deeds  of  the  county 
in  which  such  city  is  situated,  and  shall  take  the  receipt  of  the 
recorder  of  deeds  'therefor,  and  such  records  and  books  and 
papers  shall  from  thereafter  be  deemed  and  held  for  all  pur¬ 
poses  a  part  of  the  records  of  the  recorder’s  office  of  such 
county,  and  shall  have  like  legal  effect,  as  if  the  same  had  been 
originally  a  part  of  the  records  of  such  county  recorder's  office 
for  all  purposes  whatsoever,  and  the  same,  or  certified  tran¬ 
scripts  made  therefrom,  shall  have  like  force  and  effect  as  evi¬ 
dence  as  other  records  of  said  recorder’s  office. 

13  b.  Certain  Elections  Held  Since  the  Amendment  to 
Sec.  1,  Art.  1,  Chap.  24,  Revised  Statutes,  Legalized.  §  1. 

Be  it  enacted  by  the  people  of  the  State  of  Illinois,  n  presented 
in  the  general  assembly,  that  whenever  any  city,  town  or 
village  since  the  amendment  of  Section  1,  Article  1.  Chapter  24 
of  the  revised  statutes,  approved  February  26,  1881,  and  also 
since  the  amendment  of  Section  13  of  said  Cha'pter  24,  approved 
June  27,  1895,  has  held  an  electic  n  io  incorporate  as  a  village  or 
city  under  the  general  law,  and  such  election  has  been  held  on 
some  other  day  than  thu  davs  in  said  Section  1  of  said  statute 
provided,  or  if  the  returns  of  any  e  eciiun  heretofore  heid  io 
incorporate  any  city  or  village  under  the  general  law  have  not 
been  entered  upon  the  records  of  such  city  or  village  or  the 
county  court,  showing  the  canvass  of  votes  and  the  result  of 
such  e’ection,  and  a  certified  copy  of  such  records  filed  and  re¬ 
corded  in  the  office  of  the  recorder  of  deeds  in  the  county  in 
which  such  citv  or  village  is  situated  and  filed  in  the  office  of 
the  secretary*  of  state,  such  elections  so  held  by  any  mu  h  vil¬ 
lage,  city  or  towTn,  if  in  other  respects  in  compliance  with  the 
law,  are  hereby  declared  legal  and  valid;  Provided,  such 
returns  of  such  elections  are  now,  or  shall  be,  made  within 
three  months  from  the  date  upon  which  this  act  becomes  effec¬ 
tive,  and  certified  copies  of  the  same  filed  and  recorded  as 
required  in  Section  13  as  amended,  to  which  this  act  refers, 
within  said  three  months,  and  all  elections  of  officers  and  organ¬ 
izations  of  any  cities  or  villages  in  this  state  under  and  by 
virtue  of  any  such  elections  if  otherwise  according  to  law,  are 
hereby  legalized  and  made  effective,  and  all  the  acts  of  any 
such  cities  or  villages,  if  otherwise  legal,  are  also  hereby  made 


18 


STATUTES  RELATING  TO  THE  MUNICIPAL 


legal  and  binding;  and  upon  ihe  tiling  and  recording  as  afore¬ 
said,  the  secretary  of  state  shall  charter  said  city  or  village  by 
his  certificate  duly  authenticated  under  his  hand  and  the  great 
seal  of  the  state.  (In  force  May  6,  1897.) 

ARTICLE  II. 

OF  THE  MAYOR. 

14.  Mayor — His  Qualifications.  §  h  The  chief  execu¬ 
tive  officer  of  a  city  shall  be  a  mayor,  who  shall  be  a  citizen  of 
the  United  States,  a  qualified  elector,  reside  within  the  city 
limits,  and  hold  his  office  for  two  years,  and  until  his  successor 
is  elected  and  qualified. 

15.  Vacancy  One  Year  or  Over.  §  2.  Whenever  a 
vacancy  shall  happen  in  the  office  of  the  mayor,  when  the  unex¬ 
pired  term  shall  be  one  year  or  over  from  the  date  when  the 
vacancy  occurs,  it  shall  be  filled  by  an  election. 

16.  Vacancy  Less  Than  a  Year.  §  3.  If  the  vacancy  is 
less  than  one  year,  the  city  council  shall  elect  one  of  its  number 
to  act  as  mayor,  who  shall  possess  all  the  rights  and  powers  of 
the  mayor  until  the  next  annual  election,  and  until  his  successor 
is  elected  and  qualified. 

17.  Mayor  pro  tem.  §  4.  During  a  temporary  absence  or 
disability  of  the  mayor,  the  city  council  shall  elect  one  of  its 
number  to  act  as  mayor  pro  tem.,  who,  during  such  absence  or 
disability,  shall  possess  the  powers  of  mayor. 

18.  Vacancy  by  Removal  from  City.  §  5.  If  the  mayor, 
at  any  time  during  the  term  of  his  office,  shall  remove  from  the 
limits  of  the  city,  his  office  shall  thereby  become  vacant. 

19.  Mayor  to  Preside — Casting  Vote.  §  6.  The  mayor 
shall  preside  at  all  meetings  of  the  city  council,  but  shall  not 
vote  except  in  case  of  a  tie.  when  he  shall  give  the  casting  vote. 

20.  When  He  May  Remove  Officers.  §  7.  The  mayor 
shall  have  power  to  remove  any  officer  appointed  by  him,  on 
any  formal  charge,  whenever  he  shall  be  of  the  opinion  that  the 
interests  of  the  city  demand  such  removal,  but  he  shall  report 
the  reasons  for  such  removal  to  the  council  at  a  meeting  to  be 
held  not  less  than  five  days  nor  more  than  ten  days  after  such 
removal;  and  if  the  mayor  shall  fail,  or  refuse  to  file  with  the 
city  clerk  a  statement  of  the  reasons  for  such  removal,  or  if  the 
council  by  a  two-thirds  (f)  vote  of  all  its  members  authorized  by 
law  to  be  elected  by  yeas  and  nays,  to  be  entered  upon  its  record,, 
disapprove  of  such  removal,  such  officer  shall  thereupon  be- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


19 


come  restored  to  the  office  from  which  he  was  so  removed;  but 
he  shall  give  new  bonds  and  take  a  new  oath  of  office.  No  officer 
shall  be  removed  a  second  time  for  the  same  offense. 

21.  His  Power  to  Keep  Peace.  §  8.  He  may  exercise, 
wffthin  the  city  limits,  the  powers  conferred  upon  sheriffs,  to 
suppress  disorder  and  keep  the  peace. 

22.  Release  of  Prisoners.  §  9.  He  may  release  any 
person  imprisoned  for  vio'ation  of  any  city  ordinance,  and  shall 
report  such  release,  with  the  cause  thereof,  to  the  council  at  its 
first  session  thereafter. 

23.  General  Duties.  §  10.  He  shall  perform  all  such 
duties  as  are  or  may  be  prescribed  by  law  or  by  the  city  ordin¬ 
ances,  and  shall  take  care  that  the  laws  and  ordinances  are 
faithfully  executed. 

24.  Power  to  Examine  Records,  etc.  §  11  He  shall  have 
power  at  all  times  to  examine  and  inspect  the  books,  records 
and  papers  of  any  agent,,  employe  or  officer  of  the  city. 

25.  Messages  to  Council.  §  12.  The  mayor  shall,  an¬ 
nually,  and  from  time  to  time,  give  the  council  information 
relative  to  the  affairs  of  the  city,  and  shall  recommend  for  their 
consideration  such  measures  as  he  may  deem  expedient. 

26.  To  Call  Out  Militia,  etc. — Riots,  etc.  §  13.  He  shall 
have  power,  when  necessary,  to  call  on  every  male  inhabitant 
of  the  city  over  the  age  of  18  years,  to  aid  in  enforcing  the  laws 
and  ordinances,  and  to  call  out  the  militia  to  aid  in  suppressing 
riots  and  other  disorderly  conduct,  or  carrying  into  effect  any 
law  or  ordinance,  subject  to  the  authority  of  the  governor  as 
commander- in-chief  of  the  militia. 

27.  Misconduct,  etc.,  of  Mayor  or  Other  Officer — Penalty. 

§  14.  In  case  the  mayor  or  any  other  municipal  officer  shall  at 
any  time  be  guilty  of  a  palpable  omission  of  duty,  or  shall  will* 
fully  and  corruptly  be  guilty  of  oppression,  malconduct  or  mis¬ 
feasance  in  the  discharge  of  the  duties  of  his  office,  he  shall  be 
liable  to  indictment  in  any  court  of  competent  jurisdiction,  and, 
on  conviction,  shall  be  lined  in  a  sum  not  exceeding  $1,000;  and 
the  court  in  which  such  conviction  shall  be  had  shall  enter  an 
order  removing  such  officer  from  office. 

28.  Revising  Ordinances  After  Change  of  Organization. 

§15.  He  may  appoint,  by  and  with  the  advice  and  consent  of 
the  city  council,  immediately  after  such  change  of  organization, 
one  or  more  competent  persons  to  prepare  and  submit  to  the 
city  council,  for  their  adoption  or  rejection,  an  ordinance  in 
revision  of  the  ordinances  of  such  city,  and  for  the  government 


■20 


STATUTES  RELATING  TO  THE  MUNICIPAL 


of  such  city;  the  compensation  of  such  reviser  or  revisers  to 
be  determined  and  fixed  by  the  city  council  and  paid  out  of  the 
city  treasury. 


ARTICLE  III. 

OF  THE  CITY  COUNCIL. 

29.  Council— How  Composed.  §  1.  The  city  council 
shall  consist  of  the  mayor  and  aldermen. 

30.  Aldermen,  g  2.  The  number  of  aldermen,  when  not 
elected  by  the  minority  representation  plan,  shall  be  as  follows: 
In  cities  not  exceeding  3,000  inhabitants,  six  aldermen;  exceed¬ 
ing  3,000  but  not  exceeding  5,000,  eight  aldermen;  exceed¬ 
ing  5,000  and  not  exceeding  10,000,  ten  alder m  m;  exceeding 
10,000  and  not  exceeding  30,000,  fourteen  aldermen;  and  two 
additional  aldermen  for  every  20,000  inhabitants  over  30,000; 
Provided,  however,  that  in  cities  of  over  350.000  inhabitants 
there  shall  be  elected  forty  eight  aldermen  and  no  more,  unless 
additional,  territory  shall  be  annexed  to  such  city,  after  such 
city  shall  have  been  divided  into  wards  on  the  basis  of  forty- 
eight  aldermen,  in  which  case  and  as  often  as  new  territory 
shall  be  annexed  to  such  city,  as  aforesaid,  containing  three  or 
more  square  miles  of  territory  or  15,000  inhabitants  and  not 
exceeding  25,000  inhabitants,  such  annexed  territory  shall  con¬ 
stitute  a  ward  of  such  city,  and  the  city  council  of  such  city 
shall  authorize  the  legal  voters  of  such  annexed  territory  to 
elect  two  aldermen  from  such  ward  in  such  annexed  territory, 
which  said  aldermen  in  such  annexed  territory  shall  be  addi¬ 
tional  to  said  forty-eight  aldermen,  and  who  shall  possess  all 
the  qualifications  of,  and  be  elected  at  the  time  and  in  the  man¬ 
ner  provided  in  the  said  act,  of  which  this  is  an  amendment; 
Provided,  that  if  said  annexed  territory  shall  contain  more  than 
25,000  inhabitants,  then  the  city  council  shall  authorize  the  legal 
voters  of  such  annexed  territory  to  elect  two  aldermen  for 
every  25,000  inhabitants  thereof,  and  two  additional  aldermen 
for  every  fraction  of  15,000  inhabitants  or  more.  The  number 
of  inhabitants  to  be  determined  by  the  last  preceding  national, 
state  or  school  census  of  such  annexed  territory.  And  if  any 
such  annexed  territory  has  less  than  15,000  inhabitants,  and  less 
than  three  square  miles  in  extent,  then  the  city  council  shall  an¬ 
nex  it  to  any  ward  or  wards  which  it  adjoins :  Provided,  further, 
that  when  the  number  of  aldermen  in  any  such  city  shall  reach 
seventy  by  reason  of  such  annexed  territory,  the  city  council 
shall  redistrict  said  city  into  thirty-five  new  wards  and  no  more; 
and  when  said  number  of  aldermen  shall  reach  seventy,  if  any 


GOVERNMENT  OP  THE  CITY  OF  MONMOUTH. 


21 


new  territory  is  thereafter  annexed  which  shall  contain  25,000 
inhabitants,  or  more,  as  determined  by  the  last  preceding 
national,  state,  school  or  other  census  authorized  by  law  to  be 
taken,  then  said  city  council  shall  redistrict  said  city  into  thirty- 
live  wards:  Provided,  further,  that  whenever  after  such  new 
territory  shall  have  been  annexed,  as  aforesaid,  said  city  shall 
be  redistricted,  the  number  of  wards  at  the  time  said  city  is 
redistricted,  shall  be  preserved,  and  the  city  council  thereof 
may,  in  its  discretion,  change  the  boundary  between  such  new 
ward  and  the  original  territory  of  the  city,  and  make  said  new 
ward  larger  or  smaller,  to  comply  with  the  requirements  of  said 
act  as  to  compactness  and  equality  of  inhabitants;  And,  provided, 
further,  if  it  shall  appear  from  any  census  heretofore  or  here¬ 
after  taken,  that  any  city  has  the  requisite  number  of  inhabi¬ 
tants  to  authorize  it  to  increase  the  number  of  aldermen,  it  shall 
be  the  duty  of  the  city  council  thereof  to  proceed  without  delay 
and  redistrict  such  city  in  accordance  with  the  provisions  hereof, 
and  to  call  and  hold  its  next  city  election  in  accordance  with  such 
new  redistricting;  Provided,  that  at  such  election  the  aldermen 
who  hold  over  shall  be  considered  aldermen  for  the  new  wards 
respectively  in  which  their  residence  shall  be,  unless  there  shall 
be  two  or  more  aldermen  who  hold  over  in  the  same  ward  under 
this  proviso,  then,  in  such  case,  it  shall  be  determined  by  lot  in 
presence  of  the  city  council,  in  such  manner  as  they  shall  direct, 
which  aldermen  shall  hold  over  for  such  ward.  (In  force  June 
4,  1899.) 

31.  Term  of  Office.  §  3.  Aldermen  shall  hold  their  office 
for  the  term  of  two  years,  and  until  their  successors  are  elected 
and  qualified. 

32.  Vacancy.  §  4.  If  any  vacancy  shall  occur  in  the 
office  of  alderman  by  death,  resignation,  removal  or  otherwise, 
such  vacancy  shall  be  filled  by  election. 

33.  Qualifications  of  Aldermen,  g  5.  No  person  shall  be 
eligible  to  the  office  of  alderman  unless  he  shall  be  a  qualified 
elector,  and  reside  within  the  ward  for  which  he  is  elected,  nor 
shall  he  be  eligible  if  he  is  in  arrears  in  the  payment  of  any  tax  or 
other  liability  due  to  the  city;  nor  shall  he  be  directly  or  indirectly 
interested  in  any  contract  whatever  to  which  the  city  is  a  party; 
nor  shall  he  be  eligible  if  he  shall  have  been  convicted  of  malfeas¬ 
ance,  bribery  or  other  corrupt  practices  or  crimes;  nor  shall  he 
be  eligible  to  any  office,  the  salary  of  which  is  payable  out  of  the 
city  treasury,  if  at  the  time  of  his  appointment  he  shall  be  a 
member  of  the  city  council;  nor  shall  any  member  of  the  city 
council  at  the  same  time  hold  any  other  office  under  the  city 
government;  nor  shall  he  be  either  directly  or  indirectly,  indi- 


22 


STATUTES  RELATING  TO  THE  MUNICIPAL 


vidually,  or  as  a  member  of  a  firm,  engaged  in  any  business 
transaction  (other  than  official)  with  such  city,  through  its  mayor 
or  any  of  its  authorized  boards,  agents  or  attorneys,  whereby 
any  money  is  to  be  paid,  directly  or  indirectly,  out  of  the  city 
treasury  to  such  member  or  firms. 

34.  Council  Judge  of  Its  Members.  §  6.  The  city  coun¬ 
cil  shall  be  judge  of  the  election  and  qualification  of  its  own 
members. 

3;l  Rules — Expulsion — Bribery.  §  7.  It  shall  determine 
Its  own  rules  of  proceeding,  punish  its  members  for  disorderly 
conduct,  and  with  the  concurrence  of  two-thirds  of  the  aider- 
men  elect,  may  expel  a  member,  but  not  a  second  time  for  the 
same  offense:  Provided,  that  any  alderman  or  councilman  who 
shall  have  been  convicted  of  bribery  shall  thereby  be  deemed  to 
have  vacated  his  office. 

36.  Quorum — Compelling  Attendance,  g  8.  A  majority 
of  the  aldermen  elect  shall  constitute  a  quorum  to  do  business, 
but  a  smaller  number  may  adjourn  from  time  to  time,  and  may 
compel  the  attendance  of  absentees,  under  such  penalties  as  may 
be  prescribed  by  ordinance. 

37.  Meetings  §  9.  The  city  council  may  prescribe,  by 
ordinance,  the  times  and  places  of  the  meeting  thereof,  and  the 
manner  in  which  special  meetings  thereof  may  be  called. 

38.  Chairman  pro  tern.  §  10.  It  may  elect  a  temporary 
chairman  in  the  absence  of  the  mayor. 

39.  Open  Doors.  §  11.  It  shall  sit  with  open  doors. 

40.  Journal.  §  12.  It  shall  keep  a  journal  of  its  own 
proceedings. 

41.  Yeas  and  Nays — Record — Vote  required,  g  13.  The 

yeas  and  nays  shall  be  taken  upon  the  passage  of  all  ordinances, 
and  on  all  propositions  to  create  any  liability  against  the  city,  or 
for  the  expenditure  or  appropriation  of  its  money,  and  in  all 
other  cases  at  the  request  of  any  member,  which  shall  be  entered 
on  the  journal  of  its  proceedings;  and  the  concurrence  of  a 
majority  of  all  the  members  elected  in  the  city  council  shall  be 
necessary  to  the  passage  of  any  such  ordinance  or  proposition: 
Provided,  it  shall  require  two-thirds  of  all  the  aldermen  elect  to 
sell  any  city  or  school  property. 

42.  Not  to  Rescind  Vote  at  Special  Meeting,  Unless,  etc. 

g  14.  No  vote  of  the  city  council  shall  be  reconsidered  or 
rescinded  at  a  special  meeting,  unless  at  such  special  meeting 
there  be  present  as  large  a  number  of  aldermen  as  were  present 
when  such  vote  was  taken. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


23 


43.  When  Report  Laid  Over.  §  15.  Any  report  of  a  com¬ 
mittee  of  the  council  shall  be  deferred,  for  final  action  thereon, 
to  the  next  regular  meeting  of  the  same  after  the  report  is  made, 
upon  the  request  of  any  two  aldermen  present. 

44.  Territorial  Jurisdiction.  §  16.  The  city  council  and 
board  of  trustees  shall  also  have  jurisdiction  in  and  over  all 
places  within  one-half  mile  of  the  city  or  village  limits,  for  the 
purpose  of  enforcing  health  and  quarantine  ordinances  and 
regulations  thereof. 

45.  Special  Meeting.  §  17.  The  mayor  or  any  three  alder - 
men  may  call  special  meetings  of  the  city  council. 

46.  Ordinance — Approval — Veto.  §  18.  All  ordinances 
passed  by  the  city  council  shall,  before  they  take  effect,  be  de¬ 
posited  in  the  office  of  the  city  clerk;  and  if  the  mayor  approves 
thereof,  he  shall  sign  the  same,  and  such  as  he  shall  not  approve 
he  shall  return  to  the  council,  with  his  objection  thereto,  in 
writing,  at  the  next  regular  meeting  of  the  council  occurring  not 
less  than  five  days  after  the  passage  thereof.  Such  veto  may 
extend  to  any  one  or  more  items  or  appropriations  contained  in 
any  ordinance  making  an  appropriation,  or  to  the  entire  ordi¬ 
nance;  and  in  case  the  veto  only  extends  to  a  part  of  such 
ordinance,  the  residue  thereof  shall  take  effect  and  be  in  force. 
But  in  case  the  mayor  shall  fail  to  return  any  ordinance,  with  his 
objections  thereto,  by  the  time  aforesaid,  he  shall  be  deemed  to 
have  approved  such  ordinance,  and  the  same  shall  take  effect 
accordingly. 

47.  Reconsideration — Passing  Over  Veto.  §  19.  Upon 
the  return  of  any  ordinance  by  the  mayor,  the  vote  by  which  the 
same  was  passed  shall  be  reconsidered  by  the  council;  and  if, 
after  such  reconsideration,  two-thirds  of  all  the  members  elected 
to  the  city  council  shall  agree,  by  yeas  and  nays,  to  pass  the 
same,  it  shall  go  into  effect,  notwithstanding  the  mayor  may  re¬ 
fuse  to  approve  thareof.  The  vote  to  pass  the  same  over  the 
mayor’s  veto  shall  be  taken  by  yeas  and  nays,  and  entered  on  the 
journal. 

ARTICLE  IV. 

ELECTIONS. 

48.  Annual  Election.  Section  1.  A  general  election  for 
city  officers  shall  be  held  on  the  third  Tuesday  of  April,  of  each 
year:  Provided,  That  in  cities  which  include  wholly  within  their 
corporate  limits  a  town  or  towns,  such  elections  shall  be  held  on 
the  first  Tuesday  of  April. 


24 


STATUTES  RELATING  TO  THE  MUNICIPAL 


49.  Election  of  Mayor,  City  Clerk,  Attorney,  and  Treas¬ 
urer.  §  2.  At  the  general  election  held  in  1877,  and  biennially 
thereafter,  a  mayor,  a  city  clerk,  a  city  attorney,  and  a  city 
treasurer  shall  be  elected  in  each  city:  Provided,  that  no  per¬ 
son  shall  be  elected  to  the  office  of  city  treasurer  for  two  terms 
in  succession. 

49  a.  Poles  Open  When —  That  in  all  city,  town  or 
village  elections  in  this  state,  the  polls  shall  remain  open  from 
eight  (8)  o’clock  a.  m.  until  seven  (7)  o’clock  p.  m.,  any  law  in 
any  special  charter  to  the  contrary  notwithstanding.  (In  force 
July  1,  1879.) 

50.  Who  Entitled  to  Vote.  §  3.  All  persons  entitled  to 
vote  at  any  general  election  for  state  officers  within  any  city  or 
village,  having  resided  therein  thirty  days  next  preceding 
thereto,  may  vote  at  any  election  for  city  or  village  officers. 

51.  Wards.  §  4.  The  city  council  of  any  city  in  this 
state,  whether  organized  under  this  act  or  under  any  special 
law  of  this  state,  may,  from  time  to  time,  divide  the  city 
into  one-half  as  many  wards  as  the  total  number  of  aider- 
men  to  which  the  city  is  entitled;  and  one  alderman  shall, 
annually,  be  elected  in  and  for  each  ward,  to  hold  his  office 
for  two  years,  and  until  his  successor  is  elected  and  qualified. 
In  the  formation  of  wards  the  population  of  each  shall  be  as 
nearly  equal,  and  the  ward  shall  be  of  as  compact  and  contigu¬ 
ous  territory  as  practicable. 

52.  Aldermen  at  First  Election — Classified.  §  5.  At  the 

first  election  under  this  act,  there  shall  be  elected  the  full  num¬ 
ber  of  aldermen  to  which  the  city  shall  be  entitled.  At  the  first 
meeting  of  the  city  council  after  such  election,  the  aldermen 
elected  shall  be  divided,  by  lot,  into  two  classes:  those  of  the 
first  class  shall  continue  in  office  for  one  year,  and  those  of  the 
second  for  two  years.  And  upon  any  increase  of  the  number 
of  aldermen,  at  their  first  election,  one-half  shall  be  elected  for 
one  year,  and  one-half  for  two  years. 

53.  Minority  Representation.  $  6.  Whenever  this  act 
shall  be  submitted  to  the  qualified  electors  of  any  city  for  adop¬ 
tion,  there  shall  be  submitted  at  the  same  time,  for  adoption  or 
rejection,  the  question  of  minority  representation  in  the  city 
council  or  legislative  authority  of  such  city.  At  the  said  elec¬ 
tion  the  ballots  shall  be  in  the  following  form:  “For  minority 
representation  in  the  city  council,”  or  “Against  minority  repre¬ 
sentation  in  the  city  council,  ”  and  at  any  subsequent  time,  on 
petition  of  the'  legal  voters  equal  in  number  to  one-eighth  the 
number  of  legal  votes  cast  at  the  next  preceding  general  city 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


25 


election,  the  city  council  shall  cause  the  question  of  minority 
representation  to  be  submitted  to  the  legal  voters  of  said  city, 
and  the  ballots  shall  be  in  form  as  provided  in  this  section: 
Provided,  that  no  such  question  of  representation  shall  be  sub¬ 
mitted  more  than  once  in  every  two  years.  The  judges  of  such 
election  shall  make  returns  thereof  to  the  city  council,  whose 
duty  it  shall  be  to  canvass  such  returns,  and  to  cause  the  result 
of  such  canvass  to  be  entered  on  the  records  of  such  city.  If  a 
majority  of  the  votes  cast  at  such  election  shall  be  for  equal  rep¬ 
resentation  in  the  city  council,  then  the  members  of  the  city 
council,  or  legislative  authority  of  such  city,  shall  be  thereafter 
elected  in  the  following  manner:  The  council  or  legislative 
authority  of  such  city,  at  least  one  month  before  the  general 
election  in  the  year  in  which  this  act  shall  take  effect  in  such 
city,  shall  apportion  such  city  by  dividing  the  population  thereof, 
as  ascertained  by  the  last  federal  census,  by  any  number  not  less 
than  two,  nor  more  than  six,  and  the  quotient  shall  be  the  ratio 
of  representation  in  the  city  council.  Districts  shall  be  formed 
of  contiguous  and  compact  territory,  and  contain  as  nearly  as 
practicable,  an  equal  number  of  inhabitants:  And,  provided, 
further,  that  where  said  council  or  legislative  authority  of  such 
city  have  not  fixed  a  ratio  of  representation  and  formed  the  dis¬ 
tricts  or  wards,  at  the  time  above  specified,  the  same  may  be 
done  by  any  subsequent  board  of  aldermen;  but  all  official  acts 
heretofore  done,  and  ordinances  heretofore  passed  by  any  board 
of  aldermen  elected  at"  large  by  the  legal  electors  of  any  such 
city  on  the  minority  representation  plan,  shall  be  held  and  taken 
by  all  courts  in  this  state  to  be  of  as  much  validity  and  binding 
force  as  if  they  had  been  elected  from  wards  or  districts. 

54.  Aldermen  Under  Minority  Plan.  §  7.  Every  such  dis¬ 
trict  shall  be  entitled  to  three  aldermen,  who  shall  hold  their  office 
for  two  years, and  until  their  successors  shall  be  elected  and  qual¬ 
ified.  At  the  first  general  election  for  mayor,  after  the  passage 
of  this  act,  and  every  two  years  thereafter,  there  shall  be  elected 
in  each  ward  as  many  aldermen  as  such  ward  shall  be  entitled 
to:  Provided,  that  aldermen  elected  under  this  act,  in  wards 
wherein  aldermen  were  elected  for  two  years  at  the  last  previous 
annual  election,  shall  not  take  their  seats  as  such  until  the  terms 
of  the  aldermen  last  aforesaid  shall  expire.  Vacancies  shall  be 
tilled  at  an  election  to  be  held  by  the  voters  of  the  district  in 
which  such  vacancies  shall  occur,  at  the  time  to  be  designated 
by  the  city  council.  In  all  elections  for  aldermen  aforesaid, 
each  qualified  voter  may  cast  as  many  votes  as  there  are  aider- 
men  to  be  elected  in  his  district,  or  may  distribute  the  same  or 
equal  parts  thereof,  among  the  candidates,  as  he  shall  see  fit,  and 
the  candidate  highest  in  votes  shall  be  declared  elected. 


26 


STATUTES  RELATING  TO  THE  MUNICIPAL 


54  a.  Aldermen — Minority  Plan — Council  May  Classify. 

§  1.  That  in  all  cities  having  adopted,  or  that  may  here¬ 
after  adopt,  the  minority  representation  plan  for  the  election 
of  aldermen,  it  shall  be  lawful  for  the  city  council  to 
provide  by  ordinance  that  at  any  ensuing  general  city  election 
the  aldermen  in  every  alternate  district  or  ward  shall  he  elected 
for  one  year,  and  at  the  general  city  election  in  the  following 
year,  and  every  two  years  thereafter,  aldermen  in  such  alternate 
districts  or  wards  shall  be  elected  for  two  years;  and  that  at 
such  first  election  and  every  two  years  thereafter  aldermen  in 
the  other  districts  or  wards  shall  be  elected  for  two  years.  (In 
force  March  29,  1897.) 

55.  Aldermen  When  Minority  Plan  Not  Adopted.  §  8. 

If  a  majority  of  the  votes  cast  at  such  election  shall  be  “Against 
minority  representation  in  the  city  council,”  the  preceding  sec¬ 
tion  shall  be  null  and  void,  so  far  as  it  relates  to  such  city  at  such 
election,  and  the  aldermen  of  such  city  shall  be  elected  as  other¬ 
wise  provided  for  in  this  act. 

56.  Place  of  Election— Notice.  §  9.  The  city  council 
shall  designate  the  place  or  places  in  which  the  election  shall  be 
held,  and  appoint  the  judges  and  clerks  thereof,  and  cause  notice 
to  be  printed  in  some  newspaper  published  in  such  city,  if  there 
be  one,  or-  posted  at  each  voting  place  in  such  city,  of  the  time, 
places  of  election,  and  of  the  officers  to  be  elected,  for  at  least 
twenty  days  prior  to  such  election. 

57.  Manner  of  Conducting  Elections,  etc.  §  10.  The 

manner  of  conducting  and  voting  at  elections  to  be  held  under 
this  act  and  contesting  the  same,  the  keeping  of  poll  lists  and 
canvassing  the  votes,  shall  be  the  same,  as  nearly  as  may  be,  as 
in  the  case  of  the  election  of  county  officers,  under  the  general 
laws  of  this  state.  The  judges  of  election  shall  appoint  clerks, 
when  necessary  to  fill  vacancies,  and  the  judges  and  clerks  shall 
take  the  same  oath  and  have  the  same  powers  and  authority  as 
the  judges  and  clerks  of  general  state  elections.  After  the 
closing  of  the  polls,  the  ballots  shall  be  counted  and  the  returns 
made  out  and  returned,  under  seal,  to  the  city  or  village  clerk, as 
the  case  may  be,  within  two  days  after  the  election;  and,  there¬ 
upon,  the  city  council  or  board  of  trustees,  as  the  case  may  be, 
shall  examine  and  canvass  the  same  and  declare  the  result  of 
the  election,  and  cause  a  statement  thereof  to  be  entered  upon 
its  journals. 

58.  Result — Tie.  §  11.  -  The  person  having  the  highest 
number  of  votes,  for  any  office,  shall  be  declared  elected.  In 
case  of  a  tie  in  the  election  of  any  city  or  village  officer,  it  shall 
be  determined  by  lot,  in  the  presence  of  the  city  council  or  board 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


27 


of  trustees,  in  such  manner  as  they  shall  direct,  which  candi¬ 
date  or  candidates  shall  hold  the  office. 

59.  Notice  to  Persons  Elected  or  Appointed.  §  12.  It 

shall  be  the  duty  of  the  village  or  city  clerk,  within  five  days 
after  the  result  of  the  election  is  declared  or  appointment  made, 
to  notify  all  persons  elected  or  appointed  to  office  of  their  elec¬ 
tion  or  appointment,  and  unless  such  persons  shall  respectively 
qualify  in  ten  days  after  such  notice,  the  office  shall  become 
vacant. 

60.  When  No  Quorum  in  Office — Special  Election.  §  13. 

If,  for  any  cause,  there  shall  not  be  a  quorum  in  office  of  the 
city  council  or  board  of  trustees,  the  mayor,  clerk  or  any  aider- 
man  or  trustee,  as  the  case  may  be,  may  appoint  the  time  and 
place  for  holding  a  special  election  to  supply  such  vacancy  and 
give  notice  and  appoint  the  judges  thereof. 

61.  Special  Elections.  §  14.  If  there  is  a  failure  to  elect 
any  officer  herein  required  to  be  elected,  or  the  person  elected 
should  fail  to  qualify,  the  city  council  or  board  of  trustees  may 
forthwith  order  a  new  election  therefor;  and  in  all  cases,  when 
necessary  for  the  purposes  of  this  act,  may  call  special  elections, 
appoint  judges  and  clerks  thereof,  canvass  the  returns  thereof, 
and  provide  by  ordinance  for  the  mode  of  conducting  the  same; 
and  shall  give  notice  of  such  special  elections,  in  which  shall  be 
stated  the  questions  to  be  voted  upon,  and  cause  such  notices  to 
be  published  or  posted  for  the  same  length  of  time  and  in  the 
same  manner  as  is  required  in  the  case  of  regular  annual  elec¬ 
tions  in  such  cities  or  villages. 

ARTICLE  V. 

» 

OF  THE  POWERS  OF  THE  CITY  COUNCIL 

62.  Section  1.  The  city  council  in  cities,  and  president 
and  the  board  of  trustees  in  villages,  shall  have  the  following 
powers: 

First.  To  control  the  finances  and  property  of  the  corpor¬ 
ation. 

Second.  To  appropriate  money  for  corporate  purposes 
only,  and  provide  for  payment  of  debts  and  expenses  of  the  cor¬ 
poration. 

Third.  To  levy  and  collect  taxes  for  general  and  special 
purposes  on  real  and  personal  property. 

Fourth.  To  fix  the  amount,  terms  and  manner  of  issuing 
and  revoking  licenses. 


28 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Fifth  To  borrow  money  on  the  credit  of  the  corporation 
for  corporate  purposes,  and  issue  bonds  therefor,  in  such 
amounts  and  form,  and  on  such  conditions  as  it  shall  prescribe, 
but  shall  not  become  indebted  in  any  manner  or  for  any  purpose 
to  an  amount,  including  existing  indebtedness,  in  the  aggregate 
to  exceed  five  (5)  per  centum  on  the  value  of  the  taxable  property 
therein,  to  be  ascertained  by  the  last  assessment  for  state  and 
county  taxes  previous  to  the  incurring  of  such  indebtedness; 
and  before  or  at  the  time  of  incurring  any  indebtedness,  shall 
provide  for  the  collection  of  a  direct  annual  tax  sufficient  to  pay 
the  interest  on  such  debt  as  it  falls  due,  and  also  to  pay  and  dis¬ 
charge  the  principal  thereof  within  twenty  years  after  contract¬ 
ing  the  same. 

Sixth.  To  issue  bonds  in  place  of  or  to  supply  means  to 
meet  maturing  bonds,  or  for  the  consolidation  or  funding  of  the 
same. 

Seventh.  To  lay  out,  to  establish,  open,  alter,  widen, 
extend,  grade,  pave,  or  otherwise  improve  streets,  alleys, 
avenues,  sidewalks,  wharves,  parks  and  public  grounds,  and 
vacate  the  same. 

Eighth.  To  plant  trees  upon  the  same. 

Ninth.  To  regulate  the  use  of  the  same. 

Tenth.  To  prevent  and  remove  encroachments  or  obstruc¬ 
tions  upon  the  same. 

Eleventh.  To  provide  for  the  lighting  of  the  same. 

Twelfth.  To  provide  for  the  cleansing  of  the  same. 

Thirteenth.  To  regulate  the  openings  therein  for  the  lay¬ 
ing  of  gas  or  water  mains  and  pipes,  and  the  building  and 
repairing  of  sewers, -tunnels  and  drains,  and  erecting  gas  lights: 
Provided,  however,  that  any  company  heretofore  organized 
under  the  general  laws  of  this  state,  or  any  association  of  per¬ 
sons  organized,  or  which  may  be  hereafter  organized  for  the 
purpose  of  manufacturing  illuminating  gas  to  supply  cities  or 
villages,  or  the  inhabitants  thereof,  with  the  same,  shall  have  the 
right,  by  consent  of  the  common  council  (subject  to  existing 
rights),  to  erect  gas  factories,  and  lay  down  pipes  in  the  streets 
or  alleys  of  any  city  or  village  in  this  state,  subject  to  such  reg¬ 
ulations  as  any  such  city  or  village  may  by  ordinance  impose. 
(See  Section  222.) 

Fourteenth.  To  regulate  the  use  of  sidewalks  and  all 
structures  thereunder;  and  to  require  the  owner  or  occupant  of 
any  premises  to  keep  the  sidewalks  in  front  of,  or  along  the 
same,  free  from  snow  and  other  obstructions. 

Fifteenth.  To  regulate  and  prevent  the  throwing  or  depos- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


29 


iting  of  ashes,  offal,  dirt,  garbage,  or  any  offensive  matter  in, 
and  to  prevent  injury  to  any  street,  avenue,  alley,  or  public 
ground. 

Sixteenth.  To  provide  for  and  regulate  crosswalks,  curbs 
and  gutters. 

CD 

Seventeenth.  To  regulate  and  prevent  the  use  of  streets, 
sidewalks  and  public  grounds  for  signs,  sign  posts,  awnings, 
awning  posts,  telegraph  poles,  horse  troughs,  racks,  posting 
handbills  and  advertisements. 

Eighteenth.  To  regulate  and  prohibit  the  exhibition  or 
carrying  of  banners,  placards,  advertisements  or  handbills  in 
the  streets  or  public  grounds,  or  upon  the  sidewalks. 

Nineteenth.  To  regulate  and  prevent  the  flying  of  flags, 
banners  or  signs  across  the  streets  or  from  houses. 

Twentieth.  To  regulate  traffic  and  sales  upon  the  streets, 
sidewalks  and  public  places. 

Twenty-first.  To  regulate  the  speed  of  horses  and  other 
animals,  vehicles,  cars  and  locomotives  within  the  limits  of  the 
corporation. 

Twenty-second.  To  regulate  the  numbering  of  houses 
•and  lots. 

T wenty-third  To  name  and  change  the  name  of  any  street, 
avenue,  alley  or  other  public  place. 

Twenty-fourth.  To  permit,  regulate  or  prohibit  the  locat¬ 
ing,  constructing  or  laying  a  track  of  any  horse  railroad  in  any 
street,  alley  or  public  place;  but  such  permission  shall  not  be 
for  a  longer  time  than  twenty  years.  (See  11.  S.  1899,  p.  1683.) 

Twenty-fifth.  To  provide  for  and  change  the  location, 
grade  and  crossings  of  any  railroad. 

Twenty-sixth .  To  require  railroad  companies  to  fence  their 
respective  railroads,  or  any  portion  of  the  same,  and  to  construct 
cattle  guards,  crossings  of  streets,  and  public  roads,  and  keep 
the  same  in  repair,  within  the  limits  of  the  corporation.  In  case 
any  railroad  company  shall  fail  to  comply  with  any  such  ordin¬ 
ance,  it  shall  be  liable  for  all  damages  the  owner  of  any  cattle  or 
horses  or  other  domestic  animal  may  sustain  by  reason  of 
injuries  thereto  while  on  the  track  of  such  railroad,  in  like  man¬ 
ner  and  extent  as  under  the  general  laws  of  the  state,  relative 
to  the  fencing  of  railroads;  and  actions  to  recover  such  damages 
may  be  instituted  before  any  justice  of  the  peace  or  other 
court  of  competent  jurisdiction. 

Twenty-seventh.  To  inquire  railroad  companies  to  keep 
flagmen  at  railroad  crossings  of  streets,  and  provide  protection 
against  injury  to  persons  and  property  in  the  use  of  such  rail- 


30 


STATUTES  RELATING  TO  THE  MUNICIPAL 


roads.  To  compel  such  railroad  to  raise  or  lower  their  railroad 
tracks  to  conform  to  any  grade  which  may,  at  any  time,  be 
established  by  such  city, and  where  such  tracks  run  lengthwise 
of  any  such  street,  alley  or  highway,  to  keep  their  railroad 
tracks  on  a  level  with  the  street  surface,  and  so  that  such 
tracks  may  be  crossed  at  any  place  on  such  street,  alley  or 
highway.  To  compel  and  require  railroad  companies  to  make 
and  keep  open  and  to  keep  iu  repair  ditches,  drains,  sewers 
and  culverts  along  and  under  their  railroad  tracks  so  that 
filthy  or  stagnant  pools  of  water  cannot  stand  on  their  grounds 
or  right  of  way,  and  so  that  the  natural  drainage  of  adjacent 
property  shall  not  be  impeded. 

Twenty-eighth.  To  construct  and  keep  in  repair  bridges, 
viaducts  and  tunnels,  and  to  regulate  the  use  thereof. 

Twenty-ninth.  To  construct  and  keep  in  repair  culverts, 
drains,  sewers  and  cesspools,  and  to  regulate  the  use  thereof. 

Thirtieth.  To  deepen,  widen,  dock,  cover,  wall,  alter  or 
change  channel  of  water  courses. 

********* 

Fortieth.  To  provide  for  the  cleansing  and  purification  of 
waters,  water-courses,  and  canals,  and  the  draining  or  filling 
of  ponds  on  private  property,  whenever  necessary  to  prevent 
or  abate  nuisances. 

1/ 

Forty-first.  To  license,  tax,  regulate,  suppress  and  pro¬ 
hibit  hawkers,  peddlers,  pawn-brokers,  keepers  of  ordinaries, 
theatricals  and  other  exhibitions,  shows  and  amusements,  and 
to  revoke  such  license  at  pleasure. 

Forty-second.  To  license,  tax  and  regulate  hackmen, 
draymen,  omnibus  drivers,  carters,  cabmen,  porters,  express- 
men,  and  all  others  pursuing  like  occupations,  and  to  prescribe 
their  compensation. 

Forty-third.  To  license,  regulate,  tax  and  restrain  run¬ 
ners  for  stages,  cars,  public-houses,  or  other  things  or 
persons. 

Forty-fourth.  To  license,  regulate,  tax  or  prohibit  and 
suppress  billiard,  bagatelle,  pigeon  hole  or  any  other  tables  or 
implements  kept  or  used  for  similar  purposes  in  any  place  of 
public  resor  t,  pin  alleys  and  ball  alleys. 

Forty-fifth.  To  suppress  bawdy  and  disorderly  houses, 
houses  of  ill-fame  or  assignation,  within  the  limits  of  the  city, 
and  within  three  miles  of  the  outer  bounderies  of  the  city;, 
and  also  to  suppress  gaming  and  gambling  houses,  lotteries,, 
and  all  fraudulent  devises  and  practices,  for  the  purpose  of 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


31 


gaining  or  obtaining  money  or  property;  and  to  prohibit  the 
sale  or  exhibition  of  obscene  or  immoral  publications,  prints, 
pictures  or  illustrations. 

Forty-sixth.  To  license,  regulate  and  prohibit  the  selling 
or  giving  away  of  any  intoxicating,  malt,  vinous,  mixed  or  fer¬ 
mented  liquor,  the  license  not  to  extend  beyond  the  municipal 
year  in  which  it  shall  be  granted,  and  to  determine  the  amount 
to  be  paid  for  such  license:  Provided,  that  the  city  council  in 
cities,  or  president  and  board  of  trustees  in  villages,  may 
grant  permits  to  druggists  for  the  sale  of  liquors  for  medi¬ 
cinal,  mechanical,  sacramental  and  chemical  purposes  only, 
subject  to  forfeiture,  and  under  such  restrictions  and  regula¬ 
tions  as  may  be  provided  by  ordinance:  Provided,  further,, 
that  in  granting  licenses  such  corporate  authorities  shall  com¬ 
ply  with  whatever  general  law  of  the  state  may  be  in  force 
relative  to  the  granting  of  licenses. 

Forty-seventh  The  foregoing  shall  not  be  construed  to 
affect  the  provisions  of  the  charter  of  any  literary  institution 
heretofore  granted. 

Forty-eighth.  And  the  city  council  in  cities,  and  presi¬ 
dent  and  board  of  trustees  in  villages,  shall  also  have  the 
power  to  forbid  and  punish  ihe  selling  or  giving  away  of  any 
intoxicating,  malt,  vinous,  mixed  or  fermented  liquor  to  any 
minor,  apprentice  or  servant  or  insane,  idiotic  or  distracted 
person,  habitual  drunkard,  or  person  intoxicated. 

Forty-ninth  To  establish  markets  and  market  houses, 
and  provide  for  the  regulation  and  use  thereof 

Fiftieth.  To  regulate  the  sale  of  meats,  poultry,  fish,, 
butter,  cheese,  lard,  vegetables,  and  all  other  provisions,  and 
to  provide  for  place  and  manner  of  selling  the  same. 

Fifty-first.  To  prevent  and  punish  forestalling  and  re¬ 
grating. 

Fifty-second.  To  regulate  the  sale  of  bread  in  the  city  or 
village;  prescribe  the  weight  and  quality  of  the  bread  in  the: 
loaf. 

Fifty-third.  To  provide  for  and  regulate  the  inspection' 
of  meats,  poultry,  fish,  butter,  cheese,  lard,  vegetables,  cotton,, 
tobacco,  flour,  meal  and  other  provisions. 

Fifty-fourth.  To  regulate  the  inspection,  weighing  and' 
measuring  of  brick,  lumber,  fire  wood,  coal,  hay  and  any  arti¬ 
cle  of  merchandise. 

Fifty-fifth.  To  provide  for  the  inspection  and  sealing  of 
weights  and  measures. 


32 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Fifty-sixth.  To  enforce  the  keeping  and  use  of  proper 
weights  and  measures  by  vendors. 

Fifty-seventh.  To  regulate  the  construction,  repairs  and 
use  of  vaults,  cisterns,  areas,  hydrants,  pumps,  sewers  and 
gutters. 

Fifty-eighth.  To  regulate  places  of  amusement. 

Fifty-ninth.  To  prevent  intoxication,  fighting,  quarrel¬ 
ing,  dog  tights,  cock  fights,  and  all  disorderly  conduct. 

Sixtieth.  To  regulate  partition  fences  and  party  walls. 

Sixty-first.  To  prescribe  the  thickness,  strength,  and 
manner  of  constructing  stone,  brick  and  other  buildings,  and 
construction  of  fire  escapes  therein. 

Sixty-second.  The  city  council,  and  the  president  and 
trustees  in  villages,  for  the  purpose  of  guarding  against  the 
calamities  of  fire,  shall  have  power  to  prescribe  the  limits 
within  which  wooden  buildings  shall  not  be  erected  or  placed, 
or  repaired,  without  permission,  and  to  direct  that  all  and  any 
buildings,  within  the  fire  limits,  when  the  same  shall  have  been 
damaged  by  fire,  decay  or  otherwise,  to  the  extent  of  fifty  per 
cent,  of  the  value,  shall  be  torn  down  or  removed,  and  to  pre¬ 
scribe  the  manner  of  ascertaining  such  damage. 

Sixty-third.  To  prevent  the  dangerous  construction  and 
condition  of  chimneys,  fire  places,  hearths,  stoves,  stove-pipes, 
ovens,  boilers  and  apparatus  used  in  and  about  any  building  and 
manufactory,  and  to  cause  the  same  to  be  removed  or  placed  in 
a  safe  condition,  when  considered  dangerous;  to  regulate  and 
prevent  the  carrying  on  of  manufactories  dangerous  in  causing 
and  promoting  fires;  to  prevent  the  deposit  of  ashes  in  unsafe 
places,  and  10  cause  all  such  buildings  and  inclosures  as  may 
be  in  a  dangerous  state  to  be  put  in  a  safe  condition. 

Sixty-fourth.  To  erect  engine  houses,  and  provide  fire 
engines,  hose  carts,  hooks  and  ladders,  and  other  implements 
for  prevention  and  extinguishment  of  fires,  and  to  provide  for 
the  use  and  management  of  the  same  by  voluntary  fire  com¬ 
panies  or  otherwise. 

Sixty-fifth.  To  regulate  and  prevent  storage  of  gunpow¬ 
der,  tar,  pitch,  resin,  coal  oil,  benzine,  turpentine,  hemp,  cotton, 
nitro-glycerine,  petroleum,  or  any  of  the  products  thereof,  and 
other  combust  able  or  explosive  material,  and  the  use  of  lights 
in  stables,  shops  ard  other  places,  and  the  building  of  bontires; 
also  to  regulate  and  restrain  the  use  of  fire-works,  fire  crack¬ 
ers,  torpedoes,  roman  candles,  sky-rockets  and  other  pyro¬ 
technic  displays. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


33 


Sixty-sixth.  To  regulate  the  police  of  the  city  or  village, 
and  pass  and  enforce  all  necessary  police  ordinances. 

Sixty-seventh.  To  provide  for  the  inspection  of  steam 
boilers. 

Sixty-eighth.  To  prescribe  the  duties  and  powers  of  a 
superintendent  of  police,  policemen  and  watchmen. 

Sixty-ninth.  To  establish  and  erect  calabooses,  bride¬ 
wells,  houses  of  correction  and  workhouses  for  the  reforma¬ 
tion  and  confinement  of  vagrants,  idle  and  disorderly  persons, 
and  persons  convicted  of  violating  any  city  or  village  ordi¬ 
nance.  and  make  rules  and  regulations  for  the  government  of 
the  same,  and  appoint  necessary  keepers  and  assistants. 

Seventieth.  To  use  the  county  jail  for  the  confinement  -or 
punishment  of  offenders,  'subject  to  such  conditions  as  are 
imposed  by  law.  and  with  the  consent  of  the  county  board. 

Seventy-first.  To  provide  by  ordinance  in  regard  to  the 
relation  between  all  the  officers  and  employes  of  the  corpora¬ 
tion  in  respect  to  each  other,  the  corporation  and  the  people. 

Seventy-second.  To  prevent  and  suppress  riots,  routs, 
affrays,  noises,  disturbances,  disorderly  assemblies  in  any 
public  or  private  place 

Seventy-third.  To  prohibit  -and  punish  cruelty  to 
animals. 

Seventy-fourth  To  restrain  and  punish  vagrants,  men¬ 
dicants  and  prostitutes. 

Seventy-fifth.  To  dec  are  what  shall  be  a  nuisance,  and 
to  abate  the  same;  and  to  impose  fines  upon  parties  who  may 
create,  continue  or  suffer  nuisances  to  exist. 

Seventy-sixth.  To  appoint  a  board  of  health,  and  pre¬ 
scribe  its  powers  and  duties. 

Seventy-seventh.  To  erect  and  establish  hospitals  and 
medical  dispensaries,  and  control  and  regulate  the  same. 

Seventy-eighth.  To  do  all  acts,  make  all  regulations 
which  may  be  necessary  or  expedient  for  the  promotion  of 
health  or  the  suppression  of  disease. 

Seventy-ninth.  To  establish  and  regulate  cemeteries, 
within  or  without  the  corporation,  and  acquire  lands  therefor, 
by  purchase  or  otherwise,  and  cause  cemeteries  to  be  removed, 
and  prohibit  their  establishment  within  one  mile  of  the 
corporation. 

Eightieth.  To  regulate,  restrain  and  prohibit  the  run¬ 
ning  at  large  of  horses,  cattle,  swine,  sheep,  goats,  geese  and 
dogs,  and  to  impose  a  tax  on  dogs. 


34 


STATUTES  RELATING  TO  THE  MUNICIPAL 


Eighty-first.  To  direct  the  location  and  regulate  the 
management  and  construction  of  packing  houses,  renderies, 
tallow  chandleries,  bone  factories,  soap  factories  and  tanneries, 
within  the  limits  of  the  city  or  village,  and  within  the  distance 
of  one  mile  without  the  city  or  village  limits. 

Eighty-second.  To  direct  the  location  and  regulate  the 
use  and  construction  of  breweries,  distilleries,  livery  stables, 
blacksmith  shops  and  founderies  within  the  limits  of  the  city 
or  village. 

Eighty-third.  To  prohibit  any  offensive  or  unwholesome 
business  or  establishment  within  or  within  one  mile  of  the 
limits  of  the  corporation. 

Eighty-fourth.  To  compel  the  owner  of  any  grocery, 
cellar,  soap  or  tallow  chandlery,  tannery,  stable,  pig-sty,  privy, 
sewer  or  other  unwholesome  or  nauseous  house  or  place,  to 
cleanse,  abate  or  remove  the  same,  and  to  regulate  the  location 
thereof. 

Eighty-fifth.  The  city  council  or  trustees  of  a  village, 
shall  have  power  to  provide  for  the  taking  of  the  city  or 
village  census;  but  no  city  or  village  census  shall  be  taken 
by  authority  of  the  council  or  trustees  oftener  than  once  in 
three  years. 

Eighty-  sixth.  To  provide  for  the  erection  and  care  of  all 
public  buildings  necessary  for  the  use  of  the  city  or  village. 

********* 

Eighty-eighth.  To  authorize  the  construction  of  mills, 
mill  races  and  feeders  on,  through  or  across  the  streets  of  the 
city  or  village,  at  such  places  and  under  such  restrictions  as 
they  shall  deem  proper. 

Eighty-ninth.  The  city  council  shall  have  power,  by  con¬ 
demnation  or  otherwise,  to  extend  any  street,  alley  or  highway 
over  or  across,  or  to  construct  any  sewer  under  or  through 
any  railroad  track,  right  of  way,  or  land  of  any  railroad  com¬ 
pany  (within  the  corporate  limits);  but  where  no  compensation 
is  made  to  such  railroad  company,  the  city  shall  restore  such 
railroad  track,  right  of  way  or  land  to  its  former  state,  or  in  a 
sufficient  manner  not  to  have  impaired  its  usefulness. 

Ninetieth.  The  city  council  or  board  of  trustees  shall  have 
no  power  to  grant  the  use  of,  or  the  right  to  lay  down,  any  rail¬ 
road  tracks  iu  any  street  of  the  city,  to  any  steam,  dummy, 
electric,  cable,  horse  or  other  railroad  company,  whether  the 
same  shall  be  incorporated  under  any  general  or  special  law  of 
the  state,  now  or  hereafter  in  force,  except  upon  the  petition  of 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


35 


the  owners  of  the  land  representing  more  than  one  half  of  the 
frontage  of  the  street,  or  so  much  thereof  as  is  sought  to  be 
used  for  railroad  purposes,  and  when  the  street  or  part  thereof 
sought  to  be  used  shall  be  more  than  one  mile  in  extent,  no 
petition  of  land  owners  shall  be  valid  unless  the  same  shall  be 
signed  by  the  owners  of  the  land  representing  more  than  one- 
half  of  the  frontage  of  each  mile  and  of  the  fraction  of  a  mile 
if  any  in  excess  of  the  whole  miles  measuring  from  the  initial 
point  named  in  such  petition,  of  such  street  or  of  the  part 
thereof  sought  to  be  used  for  railroad  purposes. 

Ninety-first.  To  tax,  license  and  regulate  auctioneers,  dis¬ 
tillers,  brewers,  lumber  yards,  livery  stables,  public  scales, 
money  changers  and  brokers. 

Ninety-second.  To  prevent  and  regulate  the  rolling  of 
hoops,  playing  of  ball,  flying  of  kites,  or  any  other  amusement 
or  practice  having  a  tendency  to  annoy  persons  passing  in  the 
streets  or  on  the  sidewalks,  or  to  frighten  teams  and  horses. 

Ninety-third.  To  regulate  and  prohibit  the  keeping  of  any 
lumber  yard,  and  the  placing  or  piling  or  selling  any  lumber,, 
timber,  wood  or  other  combustible  material,  within  the  fire 
limits  of  the  city. 

Ninety-fourth.  To  provide  by  ordinance,  that  all  the 
paper,  printing,  stationery,  blanks,  fuel,  and  all  the  supplies 
needed  for  the  use  of  the  city,  shall  be  furnished  by  contract 
let  to  the  lowest  bidder. 

Ninety-fifth.  To  tax,  license  and  regulate  second-hand  and 
junk  stores,  and  to  forbid  their  purchasing  or  receiving  from 
minor.1*,  without  the  written  consent  of  their  parents  or  guard¬ 
ians,  any  article  whatsoever. 

Ninety-sixth.  To  pass  all  ordinances,  rules,  and  make  all 
regulations,  proper  or  necessary,  to  carry  into  effect  the  powers 
granted  to  cities  or  villages,  with  such  fines  or  penalties  as  the 
city  council  or  board  of  trustees  shall  deem  proper:  Provided, 
no  fine  or  penalty  t*hall  exceed  $200,  and  no  imprisonment  shall 
exceed  six  months  for  one  offense. 

62  a.  Power  to  License,  Tax,  etc,,  Itinerant  Merchants, 

etc.  §  1.  That  the  city  council  in  cities,  and  the  president  and 
board  of  trustees  in  villages  and  incorporated  towns,  shall  have 
power  to  license,  tax,  regulate,  suppress  or  prohibit  itinerant 
merchants  and  transient  venders  of  merchandise.  (In  force 
July  1,  1887.) 

63.  Style  of  Ordinances.  §  2.  The  style  of  the  ordin¬ 
ances  in  cities  shall  be:  “Be  it  ordained  by  the  city  council  of' 


36 


STATUTES  RELATING  TO  THE  MUNICIPAL 


64.  Publication  of  Ordinances — When  Take  Effect.  §  3. 

All  ordinances  of  cities  and  villages  imposing  any  line,  penalty, 
imprisonment  or  forfeiture,  or  making  any  appropi  iation,  shall, 
within  one  month  after  they  are  passed,  be  published  at  least 
once  in  a  newspaper  published  in  the  city  or  village,  oi,  if  no 
such  newspaper  is  published  therein,  by  posting  copies  of  the 
same  in  three  public  places  in  the  city  or  village;  and  r  o  such 
ordinance  shall  take  effect  until  ten  days  after  it  is  so  published. 
And  all  other  ordinances,  orders  and  resolutions  shall  take  effect 
from  and  after  their  passage,  unless  otherwise  provided  therein. 

65.  Proof  of  Ordinances.  §  4.  All  ordinances,  and  the 
date  of  publication  thereof,  may  be  proven  by  the  cert  ficate  of 
the  clerk,  under  the  seal  of  the  corporation  And  when  printed 
in  book  or  pamphlet  form,  and  purporting  to  be  published  by 
authority  of  the  *  oard  of  trustees  or  the  city  council,  the  same 
need  not  be  otherwise  published;  and  such  book  or  pamphlet 
shall  be  received  as  evidence  of  the  passage  and  legal  publica¬ 
tion  of  such  ordinances,  as  of  the  dates  mentioned  in  such  book 
or  pamphlet,  in  all  courts  and  places  without  further  proof. 

66.  Suits  for  Violating  Ordinances.  §  5.  All  actions 
brought  to  recover  any  line,  or  to  enforce  any  penalty,  under 
any  ordinance  of  any  city  or  village,  shall  be  brought  in  the 
corporate  name  of  the  city  or  village  as  plaintiff;  and  no  prose¬ 
cution,  recovery  or  acquittal,  for  the  violation  of  any  such 
ordinance,  shall  constitute  a  defense  to  any  other  prosecution 
of  the  same  party  for  any  other  violation  of  any  such  ordin¬ 
ance,  although  the  different  causes  of  action  existed  at  the  same 
time,  and,  if  united,  would  not  have  exceeded  the  jurisdiction  of 
the  court  or  magistrate. 

67.  Fines  and  Licenses — Paid  to  Treasurer.  §  6.  All 

fines  and  forfeitures  for  the  violation  of  ordinances,  when  col¬ 
lected  and  all  moneys  collected  for  licenses  or  otherwise,  shall 
be  paid  into  the  treasury  of  the  corporation,  at  such  times  and 
in  such  manner  as  may  be  prescribed  by  ordinance. 

68.  Arrest — Imprisonment — Workhouse.  g  1.  That 

in  all  actions  for  the  violation  of  any  ordinance  of  any  city  or 
village  organized  under  any  general  or  special  law  of  this  state, 
the  first  process  shall  be  a  summons:  Provided,  however, 
that  a  warrant  for  the  arrest  of  the  offender  may  issue  in  the 
first  instance,  upon  the  affidavit  of  any  person  that  any  such 
ordinance  has  been  violated,  and  that  the  person  making  the 
complaint  has  reasonable  grounds  to  believe  the  party  charged 
is  guilty  thereof;  and  any  person  arrested  upon  such  warrant, 
shall,  without  unnecessary  delay,  be  taken  before  the  proper 
officer,  to  be  tried  for  the  alleged  offense.  Any  person  upon 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


37 


whom  any  fine  or  penalty  shall  be  imposed  may,  upon  the  order 
of  the  court  or  magistrate  before  whom  the  conviction  is  had, 
be  committed  to  the  county  jail  or  the  calaboose,  city  prison, 
workhouse,  house  of  correction,  or  other  place  provided  by 
such  cities  or  villages  by  ordinance  for  the  incarceration  of  such 
offenders  until  such  tine,  penalty,  and  cost  shall  be  fully  paid:  - 
Provided,  that  no  such  imprisonment  shall  exceed  six  months 
for  any  one  offense.  The  city  council  or  board  of  trustees  of 
any  such  cities  or  villages  shall  have  power  to  provide  by  ordin¬ 
ance  that  every  person  so  committed  shall  be  required  to  work 
at  such  labor  as  his  or  her  strength  will  permit,  within  and 
without  such  prison,  workhouse,  house  of  correction  or  other 
place  provided  for  the  incarceration  of  such  offenders,  not  to 
exceed  ten  hours  each  working  day;  and  for  such  work  the  per¬ 
son  so  employed,  or  worked,  shall  be  allowed,  exclusive  of  his 
or  her  board,  the  sum  of  fifty  cents  for  each  day’s  work  on  ac¬ 
count  of  such  fine  and  costs.  (Approved  and  in  force  April 
12,  1879.) 

69.  Jurisdiction  of  Justices,  etc.  §  8.  Any  and  all 

justices  of  the  peace  and  police  magistrates  shall  have  jurisdic¬ 
tion  in  all  cases  arising  under  the  provisions  of  this  act,  or  any 
ordinance  passed  in  pursuance  thereof. 

69  a.  In  all  actions  arising  under  the  laws  for  the  incor¬ 
poration  of  cities,  towns  and  villages,  or  any  ordinance  passed 
in  pursuance  thereof,  where  the  amount  claimed  does  not  exceed 
two  hundred  dollars.  (Ch.  7,  sec.  16,  p.  1068,  R.  S.  1899.) 

70.  Constable  or  Sheriff  May  Serve  Process,  etc.  §  9. 

Any  constable  or  sheriff  of  the  county  may  serve  any  process, 
or  make  any  arrests  authorized  to  be  made  by  any  city  officer. 

71.  Jurisdiction  Over  Waters — Street  Labor.  §  10.  The 

city  or  village  government  shall  have  jurisdiction  upon  all 
waters  within  or  bordering  upon  the  same,  to  the  extent  of  three 
miles  beyond  the  limits  of  the  city  or  village,  but  not  to  exceed 
the  limits  of  the  state;  and  may,  by  ordinance,  require  every 
able-bodied  male  inhabitant  of  such  city  or  village,  above  the 
age  of  twenty-one  years  and  under  the  age  of  fifty  years,  (ex¬ 
cepting  paupers,  idiots,  lunatics,  and  such  others  as  are  exempt 
by  law,)  to  labor  on  the  streets  and  alleys  of  such  city  or  village, 
not  more  than  three  days  in  each  year,  but  such  ordinance  shall 
provide  for  commutation  of  such  labor  at  not  more  than  one 
dollar  and  fifty  cents  per  day. 

71  a .  Labor  on  Streets,  etc.  §  1.  That  the  city  coun¬ 
cil  in  all  cities  and  the  president  and  board  of  trustees 
in  all  villages  in  this  state,  may  have  power,  by  ordinance* 
to  require  every  able-bodied  male  inhabitant  of  any  such 


38 


STATUTES  RELATING  TO  THE  MUNICIPAL 


city  or  village,  above  the  age  of  twenty-one  years,  and 
under  the  age  of  fifty  years  (excepting  paupers,  idiots,  lunatics, 
and  such  others  as  are  exempt  by  law),  to  labor  on  the  streets 
and  alleys  of  any  such  city  or  village,  not  more  than  two  (2) 
days  in  each  year;  but  such  ordinance  shall  provide  for  com¬ 
mutation  of  such  labor  at  seventy-five  cents  per  day.  (In  force 
July  1,  1879.) 

71  b.  Fines  and  Penalties.  §  2.  Any  such  city  council 
or  president  and  board  of  trustees  of  any  such  village  shall 
have  power,  by  ordinance,  to  provide  such  fines  and  penalties  as 
may  be  necessary  to  enforce  the  provisions  of  this  act.  (In 
force  July  1,  1879.) 


ARTICLE  VI. 

OFFICERS — THEIR  POWERS  AND  DUTIES. 

72.  Officers.  §  1.  There  shall  be  elected,  in  all  cities 
organized  under  this  act,  ihe  following  officers,  viz:  a  mayor,  a 
city  council,  a  city  clerk,  city  attorney,  and  a  city  treasurer. 

73.  Other  Officers — Duties  of  City  Marshal.  §  2.  The 

city  council  may,  in  its  discretion,  from  time  to  time,  by  ordin¬ 
ance  passed  by  a  vote  of  two- thirds  of  all  the  aldermen  elected, 
provide  for  the  election  by  the  legal  voters  of  the  city,  or  the 
appointment  by  the  mayor,  with  the  approval  of  the  city  council, 
of  a  city  collector,  a  city  marshal,  a  city  superintendent  of 
streets,  a  corporation  counsel,  a  city  comptroller,  or  any  or 
either  of  them,  and  such  other  officers  as  may  by  said  council 
be  deemed  necessary  or  expedient,  The  city  council  may,  by  a 
like  vote,  by  ordinance  or  resolution,  to  take  effect  at  the  end 
of  the  then  fiscal  year,  discontinue  any  office  so  created,  and 
devolve  the  duties  thereof  on  any  other  city  officer;  and  no  offi¬ 
cer  filling  any  such  office  so  discontinued,  shall  have  any  claim 
against  the  city  on  account  of  his  salary,  after  such  discontin¬ 
uance.  The  city  marshal  shall  perform  such  duties  as  shall  be 
prescribed  by  the  city  council  for  the  preservation  of  the  public 
peace,  and  the  observance  and  enforcement  of  the  ordinances 
and  laws;  he  shall  possess  the  power  and  authority  of  a  con¬ 
stable  at  common  law,  and  under  the  statutes  of  this  state. 

74.  Appointments — Vacancies — Duties — Powers.  §  3. 

All  officers  of  any  city,  except  where  herein  otherwise  provided, 
shall  be  appointed  by  the  mayor  (and  vacancies  in  all  offices 
except  the  mayor  and  aldermen  shall  be  filled  by  like  appoint¬ 
ment)  by  and  with  the  advice  and  consent  of  the  city  council. 
The  city  council  may,  by  ordinance  not  inconsistent"  with  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


39 


provisions  of  this  act,  prescribe  the  duties  and  define  the  pow¬ 
ers  of  all  such  officers,  together  with  the  term  of  any  such 
office:  Provided,  the  term  sha'l  not  exceed  two  years. 

75.  Oath — Bond.  §  4.  All  officers  of  any  city  or  village, 
whether  elected  or  appointed,  shall,  before  entering  upon  the 
duties  of  their  respective  offices,  take  and  subscribe  the  follow¬ 
ing  oath  or  affirmation: 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will  sup¬ 
port  the  constitution  of  the  United  States,  and  the  constitution  of  the 
state  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of _ according  to  the  best  of  my  ability. 

Which  oath  or  affirmation,  so  subscribed,  shall  be  filed  in 
the  office  of  the  clerk.  And  all  such  officers,  except  aldermen 
and  trustees,  shall,  before  entering  upon  the  duties  of  their 
respective  offices,  execute  a  bond  with  security,  to  be  approved 
by  the  city  council  or  board  of  trustees,  payable  to  the  city  or 
village,  in  such  penal  sum  as  may,  by  resolution  or  ordinance, 
be  directed,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office  “and  the  payment  of  all  moneys  received  by 
such  officer,  according  to  law  and  the  ordinances  of  said  city  or 
village:  Provided,  however,  that  in  no  case  sha  1  the  mayor’s 
bond  be  fixed  at  a  less  sum  than  three  thousand  dol  ars  ($3,00i ); 
nor  shall  the  treasurer’s  bond  be  fixed  at  a  less  sum  than  the 
amount  of  the  estimated  tax  and  special  assessments  for  the 
current  year — which  bonds  shall  be  filed  with  the  clerk  (except 
the  bond  of  the  clerk,  which  shall  be  filed  with  the  treasurer.) 

76  Commission — Certificate — Delivery  to  Successors. 

§  5.  All  officers  elected  or  appointed  under  this  act  (except 
the  clerk,  aldermen  and  mayor,  and  trustees),  shall  be  commis¬ 
sioned  by  warrant,  under  the  corporate  seal  signed  by  the 
clerk  and  the  m  lyor  or  presiding  officer  of  the  city  council  or 
board  of  trustees.  The  mayor  or  president  of  the  board  of 
trustees  shall  issue  a  certificate  of  appointment  or  election, 
under  the  seal  of  the  corporation,  to  the  clerk  thereof,  and  any 
person  having  been  an  officer  of  the  city  or  village  shall, 
within  five  days  after  notification  and  request,  deliver  to  his 
successor  in  office  all  property,  books  and  effects  of  every  de¬ 
scription  in  his  possession,  belonging  to  the  city  or  village,  or 
appertaining  to  his  said  office;  and  upon  his  refusal  to  do  so, 
shall  be  liable  for  all  the  damages  caused  thereby,  and  to  such 
penalty  as  may  by  ordinance  be  prescribed. 

77.  Qualification  of  Officers.  §  6.  No  person  shall  be 
eligible  to  any  office  who  is  not  a  qualified  elector  of  the  city  or 
village,  and  who  shall  not  have  resided  therein  at  least  one 
year  next  preceding  his  election  or  appointment,  nor  shall  any 


40 


STATUTES  RELATING  TO  THE  MUNICIPAL 


person  be  eligible  to  any  office  who  is  a  defaulter  to  the  corpor¬ 
ation  :  Provided,  howTever,  this  shall  not  apply  to  the  appoint¬ 
ment  or  election  of  city  engineer  in  incorporated  cities  and 
villages:  And  provided,  that  the  same  shall  not  apply  to 
appointment  of  attorneys  in  incorporated  villages,  if  such 
appointee  be  not  a  defaulter  to  the  corporation.  (In  force  July 
1,  1895.) 


78.  Not  Interested  in  Contracts,  etc.  §  7.  No  officer 
shall  be  directly  or  indirectly  interested  in  any  contract,  work 
or  business  of  the  city,  or  the  sale  of  any  article,  the  expense, 
price  or  consideration  of  which  is  paid  from  the  treasury,  or  by 
any  assessment  levied  by  any  actor  ordinance;  nor  in  the  pur¬ 
chase  of  any  real  estate  or  other  property  belonging.to  the 
corporation,  or  which  shall  be  sold  for  taxes  or  assessments,  or 
by  virtue  of  legal  process  at  the  suit  of  said  corporation. 


79.  Bribery — Penalty.  §  8.  Every  person  who  shall 
promise,  offer  or  give,  or  cause,  or  aid,  or  abet  in  causing  to  be 
promised,  offered  or  given,  or  furnish  or  agree  to  furnish,  in 
whole  or  in  part  to  be  promised,  offered  or  given  to  any  member 
of  the  city  council  or  board  of  trustees,  or  any  officer  of  the 
corporation,  after  or  before  his  election  or  appointment  as  such 
officer,  any  moneys,  goods,  right  in  action,  or  other  property  or 
anything  of  value,  or  any  pecuniary  advantage,  present  or 
prospective,  with  intent  to  influence  his  vote,  opinion,  judgment 
or  action  on  any  question,  matter,  cause  or  proceeding  which 
may  be  then  pending,  or  may  by  law  be  brought  before  him  in 
his  official  capacity,  shall,  upon  conviction,  be  imprisoned  in  the 
penitentiary  for  a  term  not  exceeding  two  years,  or  shall  be 
fined  not  exceeding  $5,000,  or  both,  in  the  discretion  of  the 
court.  Every  officer  who  shall  accept  any  such  gift  or  promise, 
or  undertaking  to  make  the  same  under  any  agreement  or  under¬ 
standing  that  his  vote,  opinion,  judgment  or  action  shall  be 
influenced  thereby,  or  shall  be  given  in  any  question,  matter, 
cause  or  proceeding  then  pending,  or  which  may  by  law  be 
brought  before  him  in  his  official  capacity,  shall,  upon  convic¬ 
tion,  be  disqualified  from  holding  any  public  office,  trust  or 
appointment  under  the  city  or  village,  and  shall  forfeit  his 
office,  and  shall  be  punished  by  imprisonment  in  the  penitentiary 
not  exceeding  two  years,  or  by  a  fine  not  exceeding  $5,000,  or 
both,  in  the  discretion  of  the  court.  Every  person  offending 
against  either  of  the  provisions  of  this  section,  shall  be  a  com¬ 
petent  witness  against  any  other  person  offending  in  the  same 
Transaction,  and  may  be  compelled  to  appear  and  give  evidence 
before  any  grand  jury  or  in  any  court  in  the  same  manner  as 
other  persons;  but  the  testimony  so  given  shall  not  be  used  in 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


41 


any  prosecution  or  proceeding,  civil  or  criminal,  against  the 
person  so  testifying. 

80.  Mayor,  etc.,  Not  to  Hold  Other  Office.  §  9.  No 

mayor,  alderman,  city  clerk,  or  treasurer,  shall  hold  any  other 
office  under  the  city  government  during  his  term  of  office. 

81.  Duties  of  Clerk  .  g  10.  The  clerk  shall  keep  the 
corporate  seal,  to  be  provided  under  the  direction  of  the  city 
council  or  board  of  trustees,  and  all  papers  belonging  to  the  city 
or  village;  he  shall  attend  all  meetings  of  the  city  council  or 
board  of  trustees,  and  keep  a  full  record  of  its  proceedings  in 
the  journal;  and  copies  of  all  papers  duly  filed  in- his  office,  and 
transcripts  from  the  journals  and  other  records  and  files  of  his 
office,  certified  by  him  under  the  corporate  seal,  shall  be  evi¬ 
dence  in  all  courts  in  like  manner  as  if  the  originals  were 
produced. 


82.  Record  of  Ordinances.  §11.  The  clerk  shall  recor  d, 
in  a  book  to  be  kept  for  that  purpose,  all  ordinances  passed  by 
the  city  council  or  board  of  trus’ees,  and  at  the  foot  of  the 
record  of  each  ordinance  so  recorded  shall  make  a  memorandum 
of  the  date  of  the  passage  and  of  the  publication  or  posting  of 
such  ordinance,  which  record  and  memorandum,  or  a  certified 
copy  thereof,  shall  be  prima  facie  evidence  of  the  passage  and 
legal  publication  or  posting  of  such  ordinances  for  all  purposes 
whatsoever. 


83.  Conservators  of  the  Peace — Powers.  §  12.  The 

trustees  in  villages,  the  mayor,  aldermen,  and  the  marshal  and 
his  deputies,  policemen  and  watchmen,  in  cities,  if  any  such  be 
appointed,  shall  be  conservators  of  the  peace,  and  all  officers 
created  conservators  of  the  peace  by  this  act,  or  authorized  by 
any  ordinance,  sba  1  Iium  p  >\v>m  t  >  u '■  e-.r,  <>>•  ran  e  to  be 
arrested,  with  or  without  pr  -ve-s.  Ml  pers  ins  who  Mi  all  break 
the  p  ace.  or  be  found  violating  any  ordin  in***  f  the  city  or 
village,  or-  any  criminal  law  of  the  stuc.  r,  n:m  t  f-  r  -  x.i initia¬ 
tion  and,  if  necessary,  detain  such  persons  iu  custody  over 
night  or  Sunday  in  the  watch-house,  or  any  other  safe  place,  or 
until  they  can  be  brought  before  the  proper  magistrate,  and  shall 
have  and  exercise  such  other  powers  as  conservators  of  the 
peace  as  the  city  council  or  board  of  trustees  may  prescribe. 
All  warrants  for  the  violation  of  ordinances,  and  all  criminal 
warrants  to  whomsoever  directed,  may  be  served  and  executed 
within  the  corporate  limits  of  any  such  city  or  village  by  any 
policeman  of  such  city  or  village;  such  policeman  being  hereby 
clothed  with  all  the  common  law  and  statutory  power  of  con¬ 
stables  for  such  purposes  (In  force  July  1.  1883.) 

84.  Compensation  of  Mayor.  §  13.  The  mayor  of  any 


42 


STATUTES  RELATING  TO  THE  MUNICIPAL 


city  shall  receive  such  compensation  as  the  city  council  may  by 
ordinance  direct,  but  his  compensation  shall  not  be  changed 
during  his  term  of  office. 

85.  Compensation  of  Aldermen  and  Trustees.  §  14. 

The  aldermen  and  trustees  may  receive  such  compensation  for 
their  services  as  shall  be  fixed  by  the  ordinances:  Provided, 
however,  that  in  cities  of  less  than  350,000  inhabitants  such 
compensation  shall  not  exceed  the  sum  of  three  dollars  to  each 
alderman  for  each  meeting  of  the  city  council  or  board  of 
trustees  actually  attended  by  him:  in  cities  of  more  than  350,000 
inhabitants  such  compensation  shall  not  exceed  the  sum  of  fif¬ 
teen  hundred  dollars  per  annum  for  each  alderman,  and  in  vil¬ 
lages  the  compensation  to  trustees  shall  not  exceed  the  sum  of 
one  dollar  and  fifty  cents  for  each  meeting  of  the  board  of  trustees 
actually  attended  by  such  trustees.  No  other  salary  or  compen¬ 
sation  shall  be  allowed  any  alderman  or  trustf  e:  Provided,  fur¬ 
ther,  that  this  act  shall  apply  to  all  cities,  towns  and  villages  in  this 
state  whether  incorporated  under  a  general  or  special  law,  and 
that  in  all  such  villages  and  incorporated  towns  the  trustees 
thereof  shall  receive  compensation  for  not  more  than  one  meet¬ 
ing  in  each  week.  (In  force  May  26,  1897.)  * 

86.  Compensation  of  Other  Officers.  §  15.  All  other 

officers  may  receive  a  salary,  fees  or  other  compensation  to  be 
fixed  by  ordinance,  and  after  the  same  has  been  once  fixed,  such 
fees  or  compensation  shall  not  be  increased  or  diminished,  to 
take  effect  during  the  term  for  which  any  such  officer  was  elected 
or  appointed;  and  every  such  officer  shall  make  and  return  to 
the  mayor,  or  president  of  the  board  of  trustees,  a  semi-annual 
report,  verified  by  affidavit,  of  all  such  fees  and  emoluments 
received  by  him. 

87.  Administering  Oaths.  §16.  The  mayor  of  any  city, 
and  the  clerk  of  any  city  or  village,  shall  have  power  to  admin¬ 
ister  oaths  and  affit  mations  upon  all  lawful  occasions. 

ARTICLE  VII. 

FINANCE. 

88.  Fiscal  Year.  Section  1.  The  fiscal  year  of  each  city 
or  village  organized  under  this  act,  shall  commence  at  the  date 
established  by  law  for  the  annual  election  of  municipal  officers 
therein,  or  at  such  other  times  as  may  be  fixed  by  ordinance. 

89.  Annual  Appropriation  Ordinance.  §  2.  The  city 
council  of  cities,  and  board  of  trustees  in  villages,  shall,  within 
the  first  quarter  of  each  fiscal  year,  pass  an  ordinance,  to  be 
termed  the  annual  appropriation  bill,  in  which  such  corporate 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


43 


authorities  may  appropriate  such  sum  or  sums  of  money  as  may 
be  deemed  necessary  to  defray  all  necessary  expenses  and  lia¬ 
bilities  of  such  corporation;  and  in  such  ordinance  shall  specify 
the  objects  and  purposes  for  which  such  appropriations  are 
made,  aud  the  amount  appropriated  for  each  object  or  purpose. 
No  further  appropriations  shall  be  made  at  any  other  time 
within  such  fiscal  year,  unless  the  proposition  to  make  each 
appropriation  has  been  first  sanctioned  by  a  majority  of  the 
legal  voters  of  such  city  or  village,  either  by  a  petition  signed 
by  them,  or  at  a  general  or  special  election  duly  called  therefor, 

90.  Limitation — Emergency — Borrowing  Money.  §  3. 

Neither  the  city  council  nor  the  board  of  trustees,  nor  any 
department  or  officer  of  the  corporation,  shall  add  to  the  cor¬ 
poration  expenditures  in  any  one  year  anything  over  and  above 
the  amount  provided  for  in  the  annual  appropriation  bill  of. that 
year,  except  as  is  herein  otherwise  specially  provided;  and  no 
expenditure  for  an  improvement  to  be  paid  for  out  of  the  gen¬ 
eral  fund  of  the  corporation  shall  exceed,  in  any  one  year,  the 
amount  provided  for  such  improvement  in  the  annual  appro¬ 
priation  bill:  Provided,  however,  that  nothing  herein  con¬ 
tained  shall  prevent  the  city  council  or  board  of  trustees  from 
ordering,  by  a  two-thirds  vote,  any  improvement,  the  necessity 
of  which  is  caused  by  any  casualty  or  accident  happening  after 
such  annual  appropriation  is  made.  The  city  council  or  board 
of  trustees  may,  by  a  like  vote,  order  the  mayor  or  president  of 
the  board  of  trustees  and  finance  committee  to  borrow  a  suffi¬ 
cient  amount  to  provide  for  the  expense  necessary  to  be  incurred 
in  making  any  improvements,  the  necessity  of  which  has  arisen 
as  is  last  above  mentioned,  for  a  space  of  time  not  exceeding 
the  close  of  the  next  fiscal  year — which  sum,  and  the  interest, 
shall  be  added  to  the  amount  authorized  to  be  raised  in  the  next 
general  tax  levy,  and  embraced  therein.  Should  any  judgment 
be  obtained  against  the  corporation,  the  mayor,  or  president  of 
the  board  of  trustees  and  finance  committee,  under  the  sancl  ion 
of  the  city  council  or  board  of  trustees,  may  borrow  a  sufficient 
amount  to  pay  the  same,  for  a  space  of  time  not  exceeding  the 
close  of  the  next  fiscal  year — which  sum  and  interest  shall,  in 
like  manner,  be  added  to  the  amount  authorized  to  be  raised  in 
the  general  tax  levy  of  the  next  year,  and  embraced  therein. 

91.  Contracting  Liabilities  Limited,  g  4.  No  contract 
shall  be  hereafter  made  by  the  city  council  or  board  of  trustees, 
or  any  committee  or  member  thereof;  and  no  expense  shall  be 
incurred  by  any  of  the  officers  or  departments  of  the  corpora¬ 
tion,  whether  the  object  of  the  expenditure  shall  have  been 
ordered  by  the  city  council  or  board  of  trustees  or  not,  unless 


44 


STATUTES  RELATING  TO  THE  MUNICIPAL 


an  appropriation  shall  have  been  previously  made  concerning" 
such  expense,  except  as  herein  otherwise  expressly  provided. 

92.  Duties  of  Treasurer.  §  5.  The  treasurer  shall  re¬ 
ceive  all  moneys  belonging  to  the  corporation,  and  shall  keep 
his  books  and  accounts  in  such  manner  as  may  be  prescribed  by 
ordinance,  and  such  books  and  accounts  shall  always  be  subject 
to  the  inspection  of  any  member  of  the  city  council  or  board  of 
trustees. 

93.  Separate  Accounts.  §  6.  He  shall  keep  a  separate 
account  of  each  fund  or  appropriation,  and  the  debts  and  credits 
belonging  thereto. 

94.  Receipts.  §  7.  He  shall  give  every  person  paying 
money  into  the  treasury  a  receipt  therefor,  specifying  the  date 
of  payment,  and  upon  what  account  paid;  and  he  shall  also  file 
copies  of  such  receipts  with  the  clerk,  at  the  date  of  his 
monthly  reports. 

95.  Monthly  Statements — Warrants — Vouchers — Reg¬ 
ister.  §  8.  The  treasurer  shah,  at  the  end  of  each  and  every 
month,  and  oftener  if  required,  render  an  account  to  the  city 
council  or  board  of  trustees,  or  such  otlicer  as  may  be  designated, 
by  ordinance  (under  oath),  showing  the  state  of  the  treasury  at 
the  date  of  such  account,  and  the  balance  of  money  in  the 
treasury.  He  shall  also  accompany  such  accounts  with  a  state¬ 
ment  of  all  moneys  received  into  the  treasury,  and  on  what 
account,  together  with  all  warrants  redeemed  and  paid  by  him;, 
which  said  warrants,  with  any  and  all  vuu  hers  held  by  him, 
shall  be  delivered  to  the  clerk,  and  filed  with  his  said  account 
in  the  clerk’s  office,  upon  every  day  of  such  settlement.  He 
shall  return  all  warrants  paid  by  him  stamped  or  marked 
“paid.”  He  shall  keep  a  register  of  all  warrants  redeemed  and 
paid,  which  shall  describe  such  warrants,  and  show  the  date, 
amount,  number,  the  fund  from  which  paid,  the  name  of  the 
person  to  whom  and  when  paid. 

96.  Deposit  of  Funds — Separate  From  His.  §  9.  The 

treasurer  may  be  required  to  keep  all  moneys  in  his  hands, 
belonging  to  the  corporation,  in  such  place  or  places  of  deposit 
as  may  be  designated  by  ordinance:  Provided,  however,  no 
such  ordinance  shall  be  passed  by  which  the  custody  of  such 
money  shall  be  taken  from  the  treasurer  and  deposited  else¬ 
where  than  in  some  regularly  organized  bank,  nor  without  a 
bond  to  be  taken  from  such  bank,  in  such  penal  sura  and  with 
such  security  as  the  city  council  or  board  of  trustees  shall  direct 
and  approve,  sufficient  to  save  the  corporation  from  any  loss; 
but  such  penal  sum  shall  not  be  less  than  the  estimated  receipts 
for  the  current  year  from  taxes  and  special  assessments  levied.. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


45 


or  to  be  levied,  by  the  corporation.  The  treasurer  shall  keep  all 
moneys  belonging  to  the  corporation  in  his  hands  separate  and 
distinct  from  his  own  moneys,  and  he  is  hereby  exjDressly  pro¬ 
hibited  from  using,  either  directly  or  indirectly,  the  corporation 
money  or  warrants  in  his  custody  and  keeping,  f  r  his  own  use 
and  benefit,  or  that  of  any  other  person  or  persons  whomsoever; 
and  any  violation  of  this  provision  shall  subject  him  to  immedi¬ 
ate  removal  from  office  by  the  city  council  or  board  of  trustees, 
who  are  hereby  authorized  to  declare  said  office  vacant;  and  in 
which  case  his  successor  shall  be  appointed,  who  shall  hold  his 
office  for  the  remainder  of  the  term  unexpired  of  such  officer  so 
removed. 

97.  Treasurer’s  Annual  Report — Publication.  §  10. 

The  treasurer  shall  report  to  the  city  council  or  board  of  trustees, 
as  often  as  required,  a  full  and  detailed  account  of  all  receipts 
and  expenditures  of  the  corporation,  as  shown  by  his  books,  up 
to  the  time  of  said  report;  and  he  shall,  annually,  between  the 
first  and  tenth  of  April,  make  out  and  file  with  the  clerk  a  full 
and  detailed  account  of  all  such  receipts  and  expenditures,  and 
of  all  his  transactions,  as  such  treasurer,  during  the  preceding 
fiscal  year,  and  shall  show  in  such  account  the  state  of  the 
treasury  at  the  close  of  the  fiscal  year;  which  account  the  clerk 
.shall  immediately  caused  to  be  published  in  a  newspaper 
printed  in  such  city,  if  there  be  one,  and  if  not,  then  by  post¬ 
ing  the  same  in  a  public  place  in  the  clerk’s  office. 

98.  Warrants.  §  11.  All  warrants  drawn  upon  the 
treasurer  must  be  signed  by  the  mayor  and  countersigned  by 
the  clerk,  stating  the  particular  fund  or  appropriation  to  which 
the  same  is  chargeable,  and  the  person  to  whom  payable;  and 
no  money  shall  be  otherwise  paid  than  upon  such  warrants  so 
drawn,  except  as  hereinafter  provided. 

99.  Special  Assessment  Funds  Kept  Separate,  g  12. 

All  moneys  received  on  any  special  assessment  shall  be  held  by 
the  treasurer  as  a  special  fund,  to  be  applied  to  the  payment  of 
the  improvement  for  which  the  assessment  was  made,  and  said 
money  shall  be  used  for  no  other  purpose  whatever,  unless  to 
reimburse  such  corporation  for  money  expended  for  such  im¬ 
provement. 

CITY  COLLECTOR. 

100.  His  Duties.  §  13  It  shall  be  the  duty  of  the  collec¬ 
tor.  when  one  is  appointed,  to  preserve  all  warrants  which  are 
returned  into  his  hands,  and  he  shall  keep  f-uch  books  and  his 
accounts  in  such  manner  as  the  city  council  may  prescribe. 
Such  warrants,  books,  and  all  papers  pertaining  to  his  office, 


46 


STATUTES  RELATING  TO  THE  MUNICIPAL 


shall  at  all  times  be  open  to  the  inspection  of  and  subject  to  the 
examination  of  the  mayor,  city  clerk,  any  member  of  the  coun¬ 
cil,  or  committee  thereof.  He  shall  weekly,  and  oftener,  if 
required  by  the  council,  pay  over  to  the  treasurer  all  moneys- 
collected  by  him  from  any  source  whatever,  taking  such  treas¬ 
urer’s  receipt  therefor,  which  receipt  he  shall  immediately  hie 
with  the  city  clerk;  but  the  city  clerk  shall,  at  the  time  or  on 
demand,  give  such  tax  collector  a  copy  of  any  such  receipt  so 
hied. 

101.  He  Shall  Report,  etc, — Publication.  §  14.  He  shall 
make  a  report,  in  writing,  to  the  council,  or  any  officer  desig¬ 
nated  by  the  council,  of  all  moneys  collected  by  him,  the  account 
whereon  collected,  or  of  any  other  matter  in  connection  with  his 
office,  when  required  by  the  council  or  by  any  ordinance  of  the 
city.  He  shall  also,  annually,  between  the  first  and  tenth  of 
April,  hie  with  the  clerk  a  statement  of  all  the  moneys  collected 
by  him  during  the  year,  the  particular  u  arrant,  special  assess¬ 
ment  or  account  on  which  collected,  the  baffince  of  moneys 
uncollected  on  all  warrants  in  his  hands  and  the  balance  re¬ 
maining  uncollected  at  the  time  of  the  return  on  all  warrants 
which  he  shall  have  returned,  during  the  preceding  hscal  year,  to 
the  city  clerk.  The  city  clerk  shall  publish  or  post  the  same, as 
hereinbefore  required  to  be  done  in  regard  to  the  annual  report 
of  the  treasurer. 

102.  Not  to  Detain  Money — Penalty.  §  15.  The  collector 
is  hereby  expressly  prohibited  from  keeping  the  moneys  of  the 
city  in  his  hands,  or  in  the  hands  of  any  person  or  corporation, 
to  his  use,  beyond  the  time  which  may  be  prescribed  for  the 
payment  of  the  same  to  the  treasurer  and  any  violation  of  this 
provision  wil  subject  him  to  immediate  removal  from  office. 

1C  3  Examination  of  His  Books — Paying  Over.  §  16. 

All  the  city  collector’s  papers,  books,  warrants  and  vouchers 
may  be  examined  at  any  time  by  the  mayor  or  clerk,  or  any 
member  of  the  city  council ;  and  the  collector  shall  every  two 
weeks,  or  oftener  if  the  city  council  so  direct,  pay  over  all 
money  collected  by  him  from  any  person  or  persons,  or  associa¬ 
tions.  to  the  treasurer,  taking  h  s  receipt  therefor  in  duplicate, 
one  of  wThich  receipts  he  shall  at  once  file  in  the  office  of  the 
clerk. 


CITY  COMPTROLLER. 

104.  His  Powers  and  Duties.  §  17.  The  city  comptroller 
(if  there  shall  be  any  city  comptroller  appointed,  if  not,  then 
the  clerk)  shall  exercise  a  general  supervision  over  all  the 
officers  of  the  corporation  charged  in  any  manner  with  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


47 


receipt,  col’ection  or  disbursement  of  corporation  revenues,  and 
the  collection  and  return  of  all  such  revenues  into  the  treasury. 
He  shall  have  the  charge,  custody,  and  control  of  all  deeds, 
leases,  warrants,  vouchers,  books,  and  papers  of  any  kind,  the 
custody  and  control  of  which  is  not  herein  given  to  any  other 
officers,  and  he  shall,  on  or  before  the  fifteenth  day  of  May,  in 
each  year,  and  before  the  annual  appropriations  to  be  made  by 
the  city  council  or  the  board  of  trustees,  submit  to  the  city 
council  or  board  of  trustees  a  report  of  his  estimates,  as  nearly 
as  may  be,  of  moneys  necessary  to  defray  the  expenses  of  the 
corporation  during  the  current  fiscal  year.  He  shall,  in  said 
report,  class  the  different  objects  and  branches  of  expenditures, 
giving,  as  nearly  as  may  be,  the  amount  required  for  each;  and 
for  the  purpose  of  making  such  a  report,  he  is  authorized  to 
require  of  all  officers  their  statement  of  the  condition  and  ex¬ 
penses  of  their  respective  offices  or  departments,  with  any  pro¬ 
posed  improvements  and  the  probable  expense  thereof,  all  con¬ 
tracts  made  and  unfinished,  and  the  amount  of  any  and  all 
unexpended  appropriations  of  the  preceding  year.  He  shall,  in 
such  report,  show  the  aggregate  income  of  the  preceding  fiscal 
year,  from  all  sources,  the  amount  of  liabilities  outstanding 
upon  which  interest  is  to  be  paid,  the  bonds  and  debts  payable 
during  the  year,  when  due  and  when  payable;  and  in  such 
report  he  shall  give  such  other  information  to  the  council  or 
board  of  trustees  as  he  may  deem  necessary,  to  the  end  that 
the  city  council  or  board  of  trustees  may  fully  understand  the 
money  exigencies  and  demands  upon  the  corporation  for  the 
current  year. 

105.  Council  May  Define  the  Duties — Transfer  of  Clerk’s 
Financial  Duties.  §  18.  When  there  shall  be  appointed  in 
any  city  a  comptroller,  the  city  council  may,  by  ordinance  or 
resolution,  confer  upon  him  such  powers,  and  provide  for  the 
performance  of  such  duties  by  him,  as  the  city  council  shall 
deem  necessary  and  proper;  and  all  the  provisions  of  this  act 
relating  to  the  duties  of  city  clerk,  or  the  powers  of  city  clerk 
in  connection  with  the  finances,  the  treasurer  and  collector,  or 
the  receipt  and  disbursements  of  the  moneys  of  such  city, 
shall  be  exercised  and  performed  by  such  comptroller,  if  one 
there  shall  be  appointed;  and  to  that  end  and  purpose, 
wherever  in  this  act  heretofore  the  word  “clerk"  is  used,  it 
shall  beheld  to  mean  “comptroller;”  and  wherever  the  “clerk's 
office”  is  referred  to,  it  shall  be  held  to  mean  “comptroller's 
office.” 

106.  Record  of  Bonds  Issued  by  City.  §  19.  The  comp¬ 
troller,  when  there  shall  be  a  comptroller,  and  if  not,  then  the 


48 


STATUTES  RELATING  TO  THE  MUNICIPAL 


clerk,  shall  keep  in  his  office,  in  a  book  or  books  kept  expressly 
for  that  purpose,  a  correct  list  of  all  the  outstanding  bonds  of  the 
city,  showing  the  numb  r  and  amount  of  each,  for  and  to  whom 
the  said  bonds  are  issued;  and  when  any  city  bonds  are  pur¬ 
chased,  or  paid,  or  cancelled,  said  book  or  books  shall  show  the 
fact;  and  in  his  annual  report  he  shall  describe,  particularly, 
the  bonds  sold  during  the  year,  and  the  terms  of  sale,  with 
each  and  every  item  of  expense  thereof. 

GENERAL  PROVISIONS. 

107.  Further  duties  may  be  required.  §  20.  The  col¬ 
lector  and  treasurer,  and  all  other  officers  connected  with  the 
receipt  and  expenditure  of  money,  shall  perform  such  other 
duties,  and  be  subject  to  such  other  rules  and  regulations  as  the 
city  council  or  board  of  trustees  may,  from  time  to  time,  by 
ordinance,  provide  and  establish. 

108.  Appeal  to  Finance  Committee.  §  21.  In  the  ad¬ 
justment  of  the  accounts  of  the  collector  or  treasurer  with  the 
clerk  (or  comptroller  if  there  shall  be  one),  there  shall  be  an 
appeal  to  the  finance  committee  of  the  council  or  board  of 
trustees,  whose  decision  in  all  matters  of  controversy  arising 
between  said  officers  shall  be  binding,  unless  the  city  council 
or  board  of  trustees  shall  otherwise  direct  and  provide. 

109.  Who  May  Appoint  Subordinates.  §  22.  The 

comptroller  (if  there  shall  be  one),  the  clerk,  treasurer  and  col¬ 
lector,  shall,  severally,  appoint  such  various  clerks  and  subor¬ 
dinates  in  their  respective  offices  as  the  city  council  or  board 
of  trustees  may  authorize,  and  shall  be  held,  severally,  respon¬ 
sible  for  the  fidelity  of  all  persons  so  appointed  by  them. 

110.  Foreign  Fire  Insurance  Companies  to  Pay  Tax 
or  License  Fee — Penalty.  §  1.  That  aU  corporations,  com¬ 
panies  and  associations  not  incorporated  under  the  laws  of  this 
state,  and  which  are  engaged  in  any  city,  town  or  village  organ¬ 
ized  under  any  general  or  special  law  of  this  state  in  effecting 
fire  insurance  shall  pay  to  the  treasurer  of  the  city,  towTn  or 
village,  for  the  maintenance,  use  and  benefit  of  the  fire  depart¬ 
ment  thereof,  a  sum  not  exceeding  two  per  cent,  of  the  gross 
receipts  received  by  their  agency  in  such  city,  town  or  village. 
Cities,  towns  and  villages  are  hereby  empowered  to  prescribe 
by  ordinances  the  amount  of  tax  or  license  fee  to  be  fixed,  not 
in  excess  of  the  above  rate,  and  at  that  rate  such  corporations, 
companies  and  associations  shall  pay,  upon  the  amount  of  all 
premiums,  which  during  the  year  ending  on  every  first  day  of 
July  shall  have  been  received  for  any  insurance  effected  or 
agreed  to  be  effected  in  the  city,  town  or  village,  by  or  with 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


49 


such  corporation,  companies  or  associations  respectively. 
Every  person  who  shall  act  in  any  city,  town  or  village  as  agent, 
or  otherwise  for  or  on  behalf  of  any  such  corporation,  com¬ 
pany  or  association,  shall,  on  or  before  the  fifteenth  day  of 
July  of  each  and  every  year,  render  to  ihe  city,  town  or  village 
clerk,  a  full,  true  and  just  account,  verified  by  his  rath,  of  all 
the  premiums  which  during  the  year  ending  on  every  first  day 
of  July  preceding  such  report,  shall  have  been  received  by  him 
or  any  other  person  for  him  in  behalf  of  any  such  corporation, 
company  or  association,  and  shall  specify  in  said  report  the 
amounts  received  for  fire  insurance.  Such  agents  shall  also 
payto  the  treasurer  of  any  such  city,  town  or  village  at  the  time 
of  rendering  the  aforesaid  report,  the  amount  of  rates  fixed  by 
the  ordinances  of  the  said  cities,  towns  or  villages  for  which  the 
companies,  corporations  or  associations  represented  by  them 
are  severally  chargeable  by  virtue  (  f  this  act,  and  the  ordin¬ 
ances  passed  in  pursuance  hereof.  If  such  account  be  not 
rendered  on  or  before  the  day  herein  designated  for  that  pur¬ 
pose,  or  if  the  said  rates  shall  remain  unpaid  after  that  day, 
it  shall  be  unlawful  for  any  corporation,  company  or  association 
so  in  default  to  transact  any  business  of  insurance  in  any  such 
city,  town  or  village  until  the  said  requisitions  shall  have  been 
fully  complied  with;  but  this  provision  shall  not  relieve  any 
company,  corporation  or  association  from  the  payment  of  any 
risk  that  may  be  taken  in  violation  hereof. 

110  a.  Penalty  for  Violating  This  Act.  §  2.  Any  person 
or  persons  violating  any  of  the  provisions  of  this  act  shall  be 
subject  to  indictment,  and  upon  conviction  thereof  in  any  court 
of  competent  jurisdiction,  shall  be  fined  in  a*  y  sum  not  exceed¬ 
ing  one  thousand  ($1,000)  dollars  or  imprisoned  in  the  c  unty 
jail  not  exceeding  six  (6)Ynonths,  either  or  both,  in  the  discre¬ 
tion  of  the  court.  The  amount  of  said  tax  or  license  fee  may 
also  be  recovered  of  such  corporation,  company  or  association, 
or  its  agent,  by  an  action  in  the  name  and  for  the  use  of  any  such 
city,  town  or  village  as  for  money  had  and  received.  (In  force 
July  31,  1895.) 

ARTICLE  VIII. 

THE  ASSESSMENT  AND  COLLECTION  OF  TAXES 

111.  Ordinance  Levying  Taxes — Limitation.  §  1.  The 

city  council  in  cities  and  boards  of  trustees  in  villages,  may 
levy  and  collect  taxes  for  corporate  purposes  in  the  manner 
following:  The  city  council,  or  board  of  trustees,  as  the  case 


50 


STATUTES  RELATING  TO  THE  MUNICIPAL 


may  be,  shall,  annually,  on  or  before  the  third  (3d)  Tuesday  in 
September,  in  each  year,  ascertain  the  total  amount  of  appro¬ 
priations  for  all  corporate  purposes  legally  made  and  to  be  col¬ 
lected  from  the  tax  levy  of  that  fiscal  year;  and,  by  an  ordi¬ 
nance,  specifying  in  detail  the  purposes  for  which  such 
appropriations  are  made,  and  the  sum  or  amount  appropriated 
for  each  purpose  respectively,  levy  the  amount  so  ascertained 
upon  all  the  property  subject  to  taxation  within  the  city  or 
village,  as  the  same  is  assessed  and  equalized  for  state 
and  county  purposes  for  the  current  year.  A  certified  copy 
of  such  ordinance  shall  be  filed  with  the  county  clerk  of  the 
proper  county,  whose  duty  it  shall  be  to  ascertain  the  rate  per 
cent,  which,  upon  the  total  valuation  of  all  property  subject  to 
taxation  within  the  city  or  village  as  the  same  is  assessed  and 
equalized  for  state  and  county  purposes,  will  produce  a  net 
amount  of  not  less  than  the  amount  so  directed  to  be  levied, 
and  it  shall  be  the  duty  of  the  county  clerk  to  extend  such  tax 
in  a  separate  column  upon  the  book  or  books  of  the  collector 
or  collectors  of  state  and  county  taxes  within  such  city  or  vil¬ 
lage.  And  where  the  corporate  limits  of  any  city 
or  village  shall  lie  partly  in  two  or  more  counties,  the  city 
council  or  board  of  trustees  shall  ascertain  the  total  amount  of 
all  taxable  property  lying  within  the  corporate  limits  of  said 
city  or  village  in  each  county  as  the  same  is  assessed  and 
equalized  for  state  and  county  purposes  for  the  current  year, 
and  certify  the  amount  of  taxable  property  in  each  county 
wdthin  said  city  or  village,  under  the  seal  of  said  city  or  village, 
to  the  county  clerk  of  the  county  where  the  seat  of  government 
of  such  city  or  village  is  situated,  whose  duty  it  shall  be  to 
ascertain  the  rate  per  cent  wdiich,  upon  the  total  valuation  of 
all  property  subject  to  taxation  within  the  city  or  village, 
ascertained  as  aforesaid,  will  produce  a  net  amount*not  less 
than  the  amount  so  directed  to  be  levied;  and  said  clerk  shall, 
as  soon  as  said  rate  per  cent,  of  taxation  is  ascertained,  certify 
under  his  hand  and  seal  of  office  to  the  county  clerk  of  any 
other  county  wherein  a  portion  of  said  city  or  village  is  situ¬ 
ate,  such  rate  per  cent  ,  and  it  shall  be  the  duty  of  such  county 
clerk  to  whom  such  rate  per  cent,  is  certified  to  extend  such 
tax  in  a  separate  column  upon  the  book  or  books  of  the  collec¬ 
tor  or  collectors  of  the  state  and  county  taxes  for  such  county 
against  all  property  in  his  county  within  the  limits  of  said  city 
or  village:  Provided,  the  aggregate  amount  of  taxes  levied 
for  any  one  year,  exclusive  of  the  amount  levied  for  the 

payment  of  bonded  indebtedness  or  interest  thereon  shall  not 
exceed  the  rate  of  two  (2)  per  centum  upon  the  aggregate  valu¬ 
ation  of  all  property  within  such  city  or  village  subject  to  tax- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


51 


ation  therein,  as  the  same  was  equalized  for  state  and  county 
taxes  for  the  current  year.  And  provided,  further,  ihat  noth¬ 
ing  herein  contained  shall  be  held  to  repeal  or  modify  the 
limitations  contained  in  Section  49  of  an  act  entitled,  “An  act 
for  the  assessment  of  property  and  providing  the  means  there¬ 
for,  and  to  repeal  a  certain  act  therein  named,  approved  Feb. 
25,  1898,”  (In  force  July  1,  1899.) 

112.  Manner  of  Collecting.  §  2.  The  tax  so  assessed 
shall  be  collected  and  enforced  in  the  same  manner  and  by  the 
same  officers  as  state  and  county  taxes,  and  shall  be  paid  over 
by  the  officers  collecting  the  same  to  the  treasurer  of  the  city 
or  village. 

113.  Time  of  Paying  Over.  §  3.  It  shall  be  the  duty  of 
the  officer  collecting  such  tax  to  settle  with  and  pay  over  to 
such  treasurer,  as  often  as  once  in  two  weeks  from  the  time  he 
shall  commence  the  collection  thereof,  all  such  taxes  as  he 
shall  then  have  collected,  till  the  whole  tax  collected  shall  be 
paid  over. 

114.  When  Tax  Levied  for  Particular  Purpose.  §  4 

Whenever  any  city  or  village  is  required  to  levy  a  tax  for  the  pay¬ 
ment  of  any  particular  debt,  appropriation  or  liability  of  the 
same,  the  tax  for  such  purpose  shall  be  included  in  the  total 
amount  assessed  by  the  city  council  or  board  of  trustees,  and 
certified  to  the  county  clerk  as  aforesaid;  but  the  city  council 
or  board  of  trustees  shall  determine,  in  the  ordinance  making 
such  assessment,  what  proportion  of  such  total  amount  shall 
be  applicable  to  the  payment  of  such  particular  debt,  appropri¬ 
ation  or  liability;  and  the  city  or  village  treasurer  shall  set 
apart  such  proportion  of  the  tax  collected  and  paid  to  him  for 
the  payment  of  such  particular  debt,  appropriation  or  liability, 
and  shall  not  disburse  the  same  for  any  other  purpose  until 
such  debt,  appropriation  or  liability  shall  have  been  dis¬ 
charged  . 

115.  Uniformity.  §  5.  All  taxes  levied  or  assessed  by 
any  city  or  village,  except  special  assessments  for  local  im¬ 
provements,  shall  be  uniform  upon  all  taxable  property  and 
persons  within  the  limits  of  the  city,  and  no  property  shall  be 
exempt  therefrom  other  than  such  property  as  may  be  exempt 
from  taxation  under  the  constitution  and  general  laws  of  the 
state. 

ARTICLE  IX. 

SPECIAL  ASSESSMETS  FOR  LOCAL  IMPROVEMETS. 

116.  For  law  relating  to  same,  see  R.  S.  1899,  p.  362, 
Chap.  24. 


52 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ARTICLE  X. 


MISCELLANEOUS  PROVISIONS— WATER. 


169.  Water — Borrow  Money.  §  1.  The  city  council  or 
board  of  trustees  shall  have  the  power  to  provide  for  a  supply 
of  water  by  the  boring  and  sinking  of  artesian  wells,  or  by  the 
construction  and  regulation  of  wells,  pumps,  cisterns,  reser¬ 
voirs  or  water  works,  and  to  borrow  money  therefor,  and  to 
authorize  any  person  or  private  corporation  to  construct  and 
maintain  the  same  at  such  rates  as  may  be  fixed  by  ordinance, 
and  for  a  period  not  exceeding  thirty  years;  also  to  prevent  the 
unnecessary  waste  of  water;  to  prevent  the  pollution  of  the 
water,  and  injuries  to  such  wells,  pumps,  cisterns,  reservoirs  or 
water  works. 


170.  Acquiring  Property  for  Water  Works — Jurisdiction 
over.  §  2.  For  the  purpose  of  establishing  or  supplying 
water  works,  any  city  or  village  may  go  beyond  its  territorial 
limits,  and  may  take,  hold  and  acquire  property  by  purchase  or 
otherwise;  shall  have  power  to  take  and  condemn  all  necessary 
lands  or  property  therefor,  in  the  manner  provided  for  the  tak¬ 
ing  or  injuring  private  property  for  public  uses;  and  the  juris¬ 
diction  of  the  city  or  village  to  prevent  or  punish  any  pollution 
or  injury  to  the  stream  or  source  of  water,  or  to  such  water 
wrnrks,  shall  extend  five  miles  beyond  its  corporate  limits,  or  so 
far  as  such  water  works  may  extend. 

171.  Regulations — Rates,  Taxation,  etc.  §  8.  The  city 
council  or  board  of  trustees  shall  have  power  to  make  all  need¬ 
ful  rules  and  regulations  concerning  the  use  of  water  supplied 
by  the  water  works  of  said  city  or  village,  and  to  do  all  acts  and 
make  such  rules  and  regulations  for  the  construction,  comple¬ 
tion,  management  or  control  of  the  water  works,  and  for  the 
levying  and  collecting  of  any  water  taxes,  rates  or  assessments, 
as  the  said  city  council  or  board  of  trustees  may  deem  neces¬ 
sary  and  expedient;  and  such  water  taxes,  rents,  rates  or 
assessments  may  be  levied  or  assessed  upon  any  lot  or  parcel  of 
ground,  having  a  building  or  buildings  thereon,  which  shall  abut 
or  join  any  street,  avenue  or  alley  in  such  city  or  village  through 
which  the  distributing  pipes  of  such  water  works  (if  any)  of 
said  city  or  village  are  or  may  be  laid,  which  can  be  conveniently 
supplied  with  water  from  said  pipes;  Provided,  [whether]  the 
water  shall  be  used  on  such  lot  or  parcel  of  ground  or  not;  and 
the  same,  when  so  levied  or  assessed,  shall  become  a  continuing 
lien  or  charge  upon  such  lot  or  parcel  of  ground,  building  or 
buildings,  situated  thereon,  and  such  lien  or  charge  may  be  col¬ 
lected  or  enforced  in  such  manner  as  the  city  council  may,  by 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


sa 


ordinance,  prescribe.  And  the  corporate  authorities  may  levy 
a  general  tax  for  the  construction  and  maintenance  of  such 
water  works,  and  appropriate  money  therefor. 

172.  Tax-payer  May  Enforce  Rights  in  Name  of  City,  etc. 

§4.  A  suit  may  be  brought  by  any  tax-payer,  in  the  name  and 
for  the  benefit  of  the  city  or  village,  against  any  person  or  cor¬ 
poration,  to  recover  any  .money  or  property  belonging  to  the 
city  or  village,  or  for  any  money  which  may  have  been  paid,  ex¬ 
pended,  or  released  without  authority  of  law:  Provided,  that 
such  tax-payer  shall  file  a  bond  for  all  costs,  and  be  liable  for  all 
costs  in  case  the  city  or  village  be  cast  in  the  suit,  and  judgment 
shall  be  rendered  accordingly. 

173.  Maps— Approval  of.  §  5.  The  city  council  or  board 
of  trustees  shall  have  power  to  provide,  by  ordinance,  that  any 
map,  plat,  or  subdivision  of  any  block,  lot,  sub-lot,  or  part 
thereof,  or  of  any  piece  or  parcel  of  land,  shall  be  submitted  to 
the  city  council  or  board  of  trustees,  or  to  some  officer  to  be 
designated  by  such  council  or  board  of  trustees,  for  their  or  his 
approval;  and  in  such  cases  no  such  map,  plat  or  subdivision 
shall  be  entitled  to  record  in  the  proper  county,  or  have  any  val¬ 
idity  until  it  shall  have  been  so  approved. 

174.  Inhabitants  Competent  as  Jurors,  etc.  §  6.  No 

person  shall  be  an  incompetent  judge,  justice,  or  juror,  by 
reason  of  his  being  an  inhabitant  or  freeholder  in  said  City  or 
village,  in  any  action  or  proceeding  in  which  said  city  or  village 
may  be  a  party  in  interest. 

175.  Population — Census.  §  7.  Whenever  in  this  act  any 
provision  thereof  is  based  upon  the  number  of  inhabitants,  [the 
number  of  inhabitants]  of  the  city  or  village  shall  be  determined 
by  reference  to  the  latest  census  taken  by  authority  of  the 
United  States  or  this  state,  or  of  such  city  or  village;  and  it 
shall  be  the  duty  of  the  secretary  of  state,  upon  the  publication 
of  any  state  or  United  States  census,  to  certify  to  each  city  or 
village  the  number  of  inhabitants,  as  shown  by  such  census. 
Any  city  or  village  may,  by  ordinance,  provide  for  the  taking  of 
a  census  of  the  population  thereof,  in  order  to  determine  the 
number  of  such  population  for  any  and  all  purposes  of  this  act. 
And  the  several  courts  in  this  state  shall  take  *  judicial  notice  of 
the  population  of  any  city  or  village,  as  the  same  may  appear 
from  the  latest  federal,  state,  city,  or  village  census  so  taken. 

176.  Municipal  Year.  §  8.  The  term  “municipal  year” 
shall  be  construed  to  mean  the  period  elapsing  between  the 
regular  annual  elections,  unless  otherwise  provided  by 
ordinance. 

177.  City  or  Village  Need  Not  Give  Appeal  Bond.  §  9. 


54 


STATUTES  RELATING  TO  THE  MUNICIPAL 


When  in  any  suit  the  city  or  village  prays  an  appeal  from  the 
judgment  of  any  court  of  this  state  to  a  higher  court,  it  shall  not 
be  required  to  furnish  an  appeal  bond. 

ARTICLE  XI. 

t 

THE  ORGANIZING  OF  VILLAGES. 


* 


193.  No  incorporation  allowed  under  former  laws.  (See 
Sec.  193  R.  S.  1899,  p.  290.) 

193  a.  Changing  from  city  to  village.  (See  Sec.  193  a  R.  S. 
1899,  p.  290.) 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


00 


MISCELLANEOUS  STATUTES. 


BONDS. 

194.  An  Act  to  amend  an  act,  approved  April  27,  1877, 
entitled  “An  act  to  amend  an  act  entitled  an  act  relating  to 
county  and  city  debts,  and  to  provide  for  the  payment  thereof, 
by  taxation,  in  such  counties  and  cities,  approved  February  13, 
I860,  and  to  amend  the  title  thereof.”  (See  Sec.  1,  et  seq,  Ch. 
113,  R.  S.  1899,  p.  1301.) 

194  a.  An  Act  to  enable  counties,  cities,  townships,  school 
districts,  and  other  municipal  corporations,  to  take  up  and  can¬ 
cel  outstanding  bonds  and  other  evidences  of  indebtedness,  and 
fund  the  same.  [Approved  and  in  force  March  26,  1872.]  (See 
Sec.  27  et  seq,  Ch.  113,  R.  S.  1899,  p.  1309.) 

195.  Aliens,  none  but  natives  and  naturalized  American 
citizens  and  those  who  in  good  faith  have  declared  their  inten¬ 
tion  to  become  naturalized  American  citizens  to  be  employed. 
(See  Sec.  10  et  seq,  Chap.  6,  R.  S.  1899,  p.  141.) 

195  a.  Art  Commission,  when  may  be  created.  (See  Secs. 
633  et  seq.  Chap.  24,  R.  S.  1899,  p.  388.) 

OFFICIAL  BONDS. 

Act  of  March  13,  1874. 

196.  When  Additional  or  New  Bonds  May  Be  Required. 

§  1.  That  all  official  bonds  required  by  law  to  be  given  by  any 
public  officer,  or  public  employe,  including  executor,  adminis¬ 
trator,  guardian  or  conservator,  in  this  state,  shall  be  signed 
and  sealed  by  any  said  officer,  employe,  executor,  administra¬ 
tor,  guardian  or  conservator  and  his  securities,  and  acknowl¬ 
edged  before  some  officer  authorized  by  law  to  take  acknowledg- 
ments  of  instruments  under  seal,  which  said  acknowledgments 
shall  be  substantially  in  the  following  form: 

v  N,# 

State  of  Illinois,  ) 

[  ss. 

_ County.  ) 

1 _ hereby  certify  that _ who  are  each  personally 

known  to  me  to  be  the  same  persons  whose  names  are  subscribed  to  the 
foregoing  instrument,  appeared  before  me  this  day  in  person  and 
acknowledged  that  they  signed,  sealed  and  delivered  said  instrument  as 


56 


STATUTES  RELATING  TO  THE  MUNICIPAL 


their  free  and  voluntary  act  for  the  uses  and  purposes  therein  set 
forth. 

Given  under  my  hand  and _ seal  this _ day  of . A.  D _ 

Which  acknowledgment  shall  be  deemed  and  taken  as  prima 
facie  evidence  that  the  instrument  was  signed,  sealed  and 
acknowledged  in  the  manner  therein  set  forth,  and  such  ac¬ 
knowledgments  shall  have  the  same  force  and  effect  as  evidence 
in  all  legal  proceedings,  as  that  given  to  acknowledgments  of 
deeds  of  conveyance  of  real  estate.  That  all  public  officers  or 
employes  who  are  compelled  to  give  official  bonds  may  be 
required  by  the  court,  officer,  or  board,  whose  duty  it  is  to  take 
or  approve  such  bonds,  to  give  additional  surety  or  new  bonds 
whenever  the  security  of  the  original  bond  has  become  insuffi¬ 
cient  by  the  subsequent  insolvency,  death  or  removal  of  the 
sureties  or  any  of  them,  or  when  for  any  cause  any  such  bond 
shall  be  deemed  insufficient.  Any  officer  or  employe  failing  to 
give  bond  when  required,  pursuant  to  this  section;  within  ten 
days  after  he  is  notified  in  writing  of  such  request,  shall  be 
deemed  to  have  vacated  his  office. 

*  *  *  *  *  *  * 

197.  Release  of  Sureties.  §  10.  When  a  surety  upon  the 
official  bond  of  any  state  officer  or  agent,  county,  town,  city, 
village,  incorporated  town,  or  other  public  officer,  or  the  heir, 
executor  or  administrator  of  such  surety,  desires  to  be  released 
from  such  bond,  he  may  give  notice  in  writing  to  the  officer  upon 
whose  bond  he  is  surety  that  he  desires  to  be  released,  and  that 
such  officer  give  a  new  bond  with  sufficient  sureties  within  ten 
days  after  receiving  such  notice,  and  may  within  five  days  after 
the  service  of  such  notice  deliver  a  copy  of  the  same,  with  an 
affidavit  showing  the  time  and  manner  of  service  to  the  court, 
officer,  or  board  authorized  to  approve  the  bonds  of  such  officers. 
And  if  such  officer  shall  not  within  ten  days  after  receiving  such 
notice,  or  within  such  further  time,  not  exceeding  twenty  days, 
as  the  court,  officer  or  board  shall  allow,  give  a  new  bond  with 
sufficient  security,  approved  as  required  by  law,  his  office  shall 
become  vacant,  and  the  vacancy  shall  be  filled  as  provided  by 
law. 

198.  Effect  of  New  Bond.  §11.  If  a  new  bond  shall  be 
given  by  any  officer,  as  provided  in  the  foregoing  sections  of 
this  act,  then  the  former  sureties  shall  be  entirely  released  and 
discharged  from  all  liabilities  incurred  by  any  such  officer  in 
consequence  of  business  which  may  have  come  to  hand  from 
and  after  the  time  of  the  approval  of  the  said  new  bond,  and  the 
sureties  to  the  new  bond  are  hereby  declared  to  be  liable  for  all 
the  official  delinquencies  of  said  officer,  whether  of  omission  or 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


57 


commission,  which  may  occur  after  the  approval  of  the  new 
bond  as  aforesaid;  but  the  provisions  of  this  act  shall  not  be  so- 
construed  as  to  operate  as  a  release  of  the  sureties  of  any  of  the 
aforesaid  officers,  for  liabilities  incurred  previous  to  the  filing  of 
a  new  bond,  as  required  in  the  foregoing  sections  of  this  act. 

199.  When  Effects  to  be  Delivered  to  Sureties.  §  12.  It 

shall  be  the  duty  of  such  officer,  if  he  shall  fail  to  give  bond  as 
provided  for  in  this  act,  forthwith  to  deliver  over  to  his  sureties 
all  books,  moneys,  vouchers,  papers,  and  every  description  of 
property  whatever  pertaining  to  his  office,  and  the  said  sureties 
may,  at  any  time  after  said  failure  to  file  said  bond,  maintain  an 
action  of  replevin,  or  other  appropriate  action,  to  recover  such 
property,  money  or  effects  from  their  said  principal. 

200.  Suit  on  Bond — Executors,  etc.  §  13.  Whenever 
the  condition  of  the  bond  of  any  public  officer  shall  be  violated, 
suit  may  be  instituted  on  such  bond,  and  prosecuted  to  final 
judgment  against  such  officer,  and  any  or  all  of  the  sureties,  or 
against  one  or  more  of  them,  jointly  and  severally,  without  first 
establishing  the  liability  of  the  principal  by  obtaining  judgment 
against  him  alone.  The  provisions  of  this  section  shall  extend 
to  the  official  bonds  of  executors,  administrators,  guardians  and 
conservators,  and  in  suits  thereon  it  shall  not  be  necessary  to  a 
recovery  that  a  devastavit  should  have  previously  been  estab¬ 
lished  against  the  principal. 

201.  Execution — Lien.  §  14.  Execution  may  issue  on 
any  judgment  so  rendered  as  in  ordinary  cases,  but  the  officer 
executing  the  same  shall  not  levy  upon  the  property  of  the 
sureties  until  he  shall  fail  to  find  sufficient  property  of  the  prin¬ 
cipal  to  satisfy  such  execution:  Provided,  however,  the  judg¬ 
ment  and  execution  shall  be  a  lien  upon  the  property  of  the 
sureties  as  in  ordinary  cases. 


CEMETERIES. 

Act  of  April  24,  1873. 

202.  When  Cemetery  May  Be  Removed — Expense.  §  1. 

That  whenever  any  cemetery  shall  be  embraced  within  the 
limits  of  any  town  or  city,  it  shall  be  lawful  for  the  corporate- 
authorities  thereof,  if,  in-  their  opinion,  any  good  cause  exists 
why  such  cemetery  should  be  removed,  to  cause  the  remains  of 
all  persons  interred  therein  to  be  removed  to  some  other  suit¬ 
able  place:  Provided,  said  corporate  authorities  shall  have  first 
obtained  the  assent  of  the  trustees  or  other  persons  having  the 
control  or  ownership  of  said  cemetery,  or  a  majority  thereof: 


58 


STATUTES  RELATING  TO  THE  MUNICIPAL 


And,  provided  further,  that  when  such  cemetery  is  owned  by 
one  or  more  private  parties,  or  private  corporation  or  chartered 
society,  the  corporate  authorities  of  such  town  or  city  may 
require  the  removal  of  such  cemetery  to  be  done  at  the  expense 
of  such  private  parties,  or  private  corporation  or  chartered 
society,  if  such  removal  be  based  upon  their  application. 

Act  of  June  14,  1883. 

203.  Power  of  City  or  Village  to  Establish— Acquire 
Lands.  §  1.  That  any  city,  village,  or  township  in  this  state, 
may  establish  or  maintain  cemeteries,  within  and  without  its 
corporate  limits,  and  acquire  lands  therefor,  by  condem¬ 
nation,  or  otherwise,  and  may  lay  out  lots  of  convenient 
size  for  families;  and  may  sell  lots  for  family  burying  grounds, 
or  to  individuals  for  burial  purposes. 


COLLECTORS,  SETTLEMENT  WITH. 

R.  S.  Chap.  120. 

204.  How  to  Pay  Over  Taxes  Collected.  §  138.  The 
warrant  shall  direct  the  town  or  district  collector,  after  deduct¬ 
ing  the  compensation  to  which  he  may  be  legally  entitled,  to 
pay  over  to  the  proper  officers  the  amount  of  tax  collected  for 
the  support  of  highways  and  bridges,  and  to  the  supervisor  of 
the  town  the  moneys  which  shall  have  been  collected  therein, 
to  defray  town  expenses;  to  the  proper  school  officer,  the  dis¬ 
trict  school  tax;  to  the  city  or  incorporated  town  or  village 
treasurer,  or  other  proper  officer,  the  taxes  or  special  assess¬ 
ments  collected  by  him  for  such  city  or  incoporated  town  or 
village,  or  others,  as  often  and  at  such  times  as  may  be 
demanded  by  the  proper  officer;  and  to  the  county  collector, 
the  county  tax  and  the  taxes  payable  to  the  state  treasury  col¬ 
lected  by  him. 

205.  Thirty  Day  Settlements  with  Cities,  etc.  §  1(34. 

Town  and  district  collectors  shall,  every  thirty  days,  when  re¬ 
quired  so  to  do  by  the  proper  authorities  of  incorporated  towns, 
cities  and  villages,  road  and  school  districts,  for  which  any  tax 
is  collected,  render  to  said  authorities  a  statement  of  the 
amount  of  each  kind  of  tax  collected  for  the  same,  and  at  the 
same  time  pay  over  to  such  authorities  the  amount  so  shown  to 
be  collected. 

207.  Final  Settlement  for  Local  Taxes  Before  Return. 

§  167.  Each  town  and  district  collector  shall  make  final  settle¬ 
ment  for  the  township,  district,  city,  village,  and  town  taxes, 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


59 


charged  in  the  tax  books,  at  or  before  the  time  fixed  in  this  act 
for  the  paying  over  and  making  final  settlement  for  state  and 
county  taxes  collected  by  them.  In  such  settlements,  said  col¬ 
lectors  shall  be  entitled  to  credit  for  the  amount  of  their  com¬ 
missions  on  the  amount  collected,  and  for  the  amount  uncol¬ 
lected  on  the  tax  books,  as  may  be  determined  by  the  settlement 
with  the  county  collector. 

208.  To  Pay  Cities,  etc.,  Every  Ten  Days.  §  244.  The 
county  collector  shall  report  and  pay  over  the  amount  of  tax 
and  special  assessments,  due  to  towns,  districts,  cities,  villages, 
corporations  and  persons,  collected  by  him  on  delinquent  prop¬ 
erty,  at  least  once  in .  every  ten  days,  when  demanded  by  the 
property  authorities  or  persons. 


DRAM  SHOPS. 

Act  of  March  30,  1874. 

209.  Dram  Shop  Defined.  §  1.  That  a  dram  shop  is  a 
place  where  spirituous  or  vinous  or  malt  liquors  are  retailed  by 
less  quantity  than  one  gallon,  and  intoxicating  liquors  shall  be 
deemed  to  include  all  such  liquors  within  the  meaning  of 
this  act. 

210.  Selling  Liquor  Without  License,  g  2.  Whoever, 
not  having  a  license  to  keep  a  dram  shop,  shall,  by  himself  or 
another,  either  as  principal,  clerk  or  servant,  directly  or  indi¬ 
rectly,  sell  any  intoxicating  liquor  in  any  less  quantity  than  one 
gallon,  or  in  any  quantity  to  be  drank  upon  the  premises,  or  in 
or  upon  any  adjacent  room,  building,  yard,  premises  or  place  of 
public  resort,  shall  be  fined  not  less  than  twenty  dollars  ($20) 
nor  more  than  one  hundred  dollars  ($100),  or  imprisoned  in  the 
county  jail  not  less  than  ten  nor  more  than  thirty  days,  or  both 
in  the  discretion  of  the  court.  (In  force  July  1,  1877,) 

211.  How  License  May  be  Granted,  g  1.  That  here¬ 
after  it  shall  not  be  lawful  for  the  corporate  authorities  of  any 
city,  town  or  village  in  this  state,  to  grant  a  license  for  the  keep¬ 
ing  of  a  dram  shop,  except  upon  the  payment,  in  advance,  into 
the  treasury  of  the  city,  town  or  village  granting  the  license, 
such  sum  as  may  be  determined  by  the  respective  authorities  of 
such  city,  town  or  village,  not  less  than  at  the  rate  of  five  hun¬ 
dred  ($500)  per  annum:  Provided,  that  in  all  cases  when  a 
license  for  the  sale  of  malt  liquors  only  is  granted,  the  city, 
town  or  village  granting  such  license,  may  grant  the  same  on 
the  payment,  in  advance,  of  the  sum  of  not  less  than  at  the  rate 
of  one  hundred  and  fifty  dollars  ($150)  per  annum:  And,  pro- 


60 


STATUTES  RELATING  TO  THE  MUNICIPAL 


vided  further,  that  the  city  councils  in  cities,  the  board  of 
trustees  in  towns,  and  president  and  board  of  trustees  in  vil¬ 
lages,  may  grant  permits  to  pharmacists  for  the  sale  of  liquors 
for  medicinal,  mechanical,  sacramental  and  chemical  purposes 
only,  under  such  restrictions  and  regulations  as  may  be  pro¬ 
vided  by  ordinance. 

212.  How  License  May  be  Granted  by  County  Board. 

$  2.  The  county  boards  of  each  county  may  grant  licenses  to 
keep  so  many  dram  shops  in  their  county  as  they  may  think  the 
public  good  requires,  upon  the  application,  by  petition,  of  a  ma¬ 
jority  of  the  legal  voters  of  the  town,  if  the  county  is  under 
township  organization,  and  if  not  under  township  organization, 
then  of  a  majority  of  the  legal  voters  of  the  election  precinct  or 
district  where  the  same  is  proposed  to  be  located,  and  upon  the 
payment  into  the  county  treasury  of  such  sum  as  the  board 
may  require,  not  less  than  five  hundred  dollars  ($500)  per  annum 
for  each  license;  and  upon  compliance  with  the  provisions  of  an 
act  entitled  ‘‘An  act  to  provide  for  the  licensing  of,  and  against 
the  evils  arising  from  the  sale  of  intoxicating  liquors,  ”  approved 
March  3,  1874;  in  force  July  1, 1874:  Provided,  that  in  all  cases 
where  a  license  is  granted  for  the  sale  of  malt  liquors  only,  such 
board  may  grant  the  same,  upon  the  payment  into  the  county 
treasury,  of  a  sum  not  less  than  one  hundred  and  fifty  dollars 
($150)  per  annum  for  each  license:  Provided  further,  such 
board  shall  not  have  power  to  issue  any  license  to  keep  a  dram 
shop  in  any  incorporated  city,  town  or  village,  or  within  two 
miles  of  the  same,  in  which  the  corporate  authorities  have 
authority  to  license,  regulate,  restrain  or  prohibit  the  sale  of 
liquors,  or  in  any  place  where  the  sale  of  liquor  is  prohibited 
by  law. 

213.  Form  of  License — Rights  Under — May  be  Revoked. 

§  4.  The  license  shall  state  the  time  for  which  it  is  granted, 
which  shall  not  exceed  one  year,  the  place  where  the  dram  shop 
is  to  be  kept,  and  shall  not  be  transferable,  nor  shall  the  person 
licensed  keep  a  dram  shop  at  more  than  one  place  at  the  same 
time,  and  any  license  granted  may  be  revoked  by  the  county 
board  whenever  they  shall  be  satisfied  that  the  person  licensed 
has  violated  any  of  the  provisions  of  this  act,  or  keeps  a  disor¬ 
derly  or  ill-governed  house  or  place  of  resort  for  idle  or  dissolute 
persons,  or  allows  any  illegal  gaming  in  his  dram  shop,  or  any 
house  or  place  adjacent  thereto. 

214.  Bond — How  Taken — Suit  On.  §  5.  No  person  shall 
be  licensed  to  keep  a  dram  shop,  or  to  sell  intoxicating  liquors, 
by  any  county  board,  or  the  authorities  of  any  city,  town  or 
village,  unless  he  shall  first  give  bond  in  the  penal  sum  of  $3,000, 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH.  61 

payable  to  the  people  of  the  state  of  Illinois,  with  at  least  two 
good  and  sufficient  sureties,  freeholders  of  the  county  in  which 
the  license  is  to  be  granted,  to  be  approved  by  the  officer  who 
may  be  authorized  to  issue  the  license,  conditioned  that  he  will 
pay  to  all  persons  all  damages  that  they  may  sustain,  either  in 
person  or  property,  or  means  of  support,  by  reason  of  the  per¬ 
son  so  obtaining  a  license  selling  or  giving  away  intoxicating 
liquors.  The  officer  taking  such  bond  may  examine  any  person 
offered  as  security  upon  any  such  bond,  under  oath,  and  require 
him  to  subscribe  and  swear  to  his  statement  in  regard  to  his 
pecuniary  ability  to  become  such  security.  Any  bond  taken 
pursuant  to  this  section  may  be  sued  upon  for  the  use  of  any 
person,  or  his  legal  representatives,  who  may  be  injured  by 
reason  of  the  selling  or  giving  away  any  intoxicating  liquor  by 
the  person  so  licensed,  or  by  his  agent  or  servant. 


EVIDENCE. 

Act  of  March  29,  1872. 

215.  Records,  etc.,  of  Cities,  etc. — How  Certified.  §  14. 

The  papers,  entries,  records  and  ordinances,  or  parts  thereof, 
of  any  city,  village,  town  or  county,  may  be  proved  by  a  copy 
thereof,  certified  under  the  hand  of  the  clerk  or  the  keeper 
thereof,  and  the  corporate  seal,  if  there  be  any;  if  not,  under 
his  hand  and  private  seal. 

******** 

216.  Form  of  Certificate.  §  16.  The  certificate  of  any  such 
clerk  of  a  court,  city,  village,  town,  county,  or  secretary,  clerk, 
cashier,  or  other  keeper  of  any  such  papers,  entries,  records  or 
ordinances,  shall  contain  a  statement  that  such  person  is  the 
keeper  of  the  same,  and  if  there  is  no  seal,  shall  so  state. 

******** 

217.  Sworn  Copies.  §  18.  Any  such  papers,  entries, 
records  and  ordinances  may  be  proved  by  copies  examined  and 
sworn  to  by  credible  witnesses. 

218.  Penalty.  §  19.  If  any  such  officer,  clerk,  secretary, 
cashier,  justice  of  the  peace,  or  other  person  authorized  to 
certify  copies  of  any  papers,  entries,  records  or  ordinances, 
shall  knowingly  make  a  false  certificate,  he  shall  be  punishable 
in  the  same  manner  as  if  he  were  guilty  of  perjury. 


FEES. 


219.  Fees  of  Police  Magistrate  and  Justices.  See  Sec. 


62 


STATUTES  RELATING  TO  THE  MUNICIPAL 


40,  Chap.  53,  R.  S.  1899,  p.  888.  Said  section  concluding  as  fol¬ 
lows:  Provided,  that  the  costs  in  criminal  and  quasi  criminal 

prosecutions  for  the  violation  of  an  ordinance  of  an  incorporated 
city  or  town,  where  the  provisions  of  the  charters  of  such 
towns  or  cities  do  not  prohibit  the  payment  of  such  costs,  may 
be  paid  by  such  city  or  town,  in  the  discretion  of  the  city  coun¬ 
cil  or  board  of  trustees  of  such  incorporated  cities  or  towns. 
(In  force  July  1,  1873.) 

220.  Fees  of  Town  Collector.  §  36.  *  *  *  Each 

town  collector  shall  be  allowed  a  commission  of  two  per  cent, 
on  all  monies  collected  by  him  to  be  paid  out  of  the  respective 
funds  collected;  *  *  *  etc.  Sec  36,  Chap.  53,  p  888R.S., 

1899. 

221.  Fees  of  County  Collector.  §  21.  County  collectors 
shall  be  allowed  a  commission  on  all  moneys  collected  by  them 
and  paid  over  to  the  proper  officer,  of  three  (3)  per  cent,  in 
counties  of  the  first  class;  of  two  (2)  per  cent,  in  counties  of 
the  second  class;  of  one  and  one-half  per  cent,  in  counties  of 
the  third  class,  excepting  on  all  moneys  said  county  collectors 
collect  for  incorporated  cities,  villages  and  other  municipalities 
in  counties  under  township  organization,  upon  which  said 
county  collector  shall  be  allowed  a  commission  of  one  (1)  per 
cent,  on  all  moneys  collected  by  them  for  such  cities  and  paid 
over  by  them  to  the  proper  officer;  and  excepting  further,  in 
counties  having  adopted  township  organization,  county  col¬ 
lectors,  shall  be  allowed  on  moneys  paid  over  to  them  by  town¬ 
ship  collectors,  as  commission  on  such  moneys  in  counties  of 
first  class,  only  one  and  one-half  (1J)  percent;  in  counties  of 
second  class  only  one  (1)  per  cent.,  and  in  counlies  of  third 
class,  only  three-fourths  (£)  of  one  per  cent.  In  addition  to  the 
foregoing,  said  county  collectors  shall  be  allowed  in  settlement 
of  state  taxes  with  the  auditor,  ten  cents  per  mile  for  each  mile 
of  necessary  travel  in  going  to  and  returning  from  the  seat  of 
government  for  the  purpose  of  paying  over  such  tax.  They 
shall  also  be  allowed  for  making  lists  of  delinquent  real  estate, 
to  be  tiled  with  the  county  clerk  for  judgment,  three  (3)  cents 
for  each  tract  or  lot;  a  like  fee  for  making  delinquent  lists  for 
the  printer,  and  for  selling  lands  and  town  lots  ten  (10)  cents- 
for  each  tract  and  three  (3)  cents  for  each  lot  to  be  charged  and 
collected  as  costs.  -(In  force  July  1,  1877.) 


GAS  PIPES,  ETC. 

Act  of  June  5,  1897. 

222.  Conditions  Upon  Which  Privileges  to  Lay  Pipes  or 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


63 


String  Wires  for  Lighting  Purposes  in  Streets  May  be 
Granted — Remedy  of  Property  Owners.  §  1.  That  the  city 
council  in  cities,  or  the  president  and  board  of  trustees  in  vil¬ 
lages  and  incorporated  towns  shall  have  no  power  to  pass  an 
ordinance  granting  to  any  person  or  corporation  the  right  or 
privilege  to  lay  any  gas  pipes  for  the  distribution  of  inflammable 
gas  for  fuel  or  lighting  purposes,  or  to  pass  an  ordinance 
granting  to  any  person  or  corporation  the  right  or  privilege  to 
lay  in  or  on  the  ground,  or  string  on  poles  any  wires  on,  over 
or  by  which  electricity  for  lighting  purposes  is  to  be  used,  con¬ 
veyed  or  distributed  in  any  street,  alley  or  public  ground  in 
any  such  city,  village  or  incorporated  town,  except  upon  the 
petition  of  th 3  owner  of  the  land  representing  more  than  one- 
half  of  the  frontage  on  the  street  or  alley,  or  so  much  thereof 
as  is  sought  to  be  used  for  the  purposes  above  mentioned,  or 
any  or  either  of  them,  and  when  the  street  or  alley,  or  part 
thereof  sought  to  be  used  shall  be  more  than  one  mile  in  length, 
no  right  or  privilege  to  lay  pipes,  or  lay  or  string  wires  for 
lighting  purposes  shall  be  granted,  unless  a  petition  therefor 
shall  be  presented  to  the  city  council  of  the  city,  or  board  of 
trustees  of  the  incorporated  town  or  village  in  which  such 
right  or  privilege  is  sought,  signed  by  the  owners  of  the  land 
representing  more  than  one-half  of  the  frontage  of  each  mile, 
and  of  the  fraction  of  a  mile,  if  any,  in  excess  of  the  whole 
mile,  measuring  from  the  initial  point  named  in  such  petition, 
of  such  street  or  alley,  or  of  the  part  thereof  sought  to  be  used 
for  the  purposes  above  mentioned,  or  either  of  them.  Any  per¬ 
son  being  the  owner  of,  or  interested  in  any  lot  fronting  on  any 
street  or  alley,  or  part  thereof,  as  is  sought  to  be  used  for  any 
or  either  of  such  purposes,  shall  have  the  right  by  bill  in 
chancery,  in  his  or  their  own  name,  to  enjoin  auy  person  or  cor¬ 
poration  from  using  such  street  or  alley,  or  part  of  street  or 
alley  for  either  of  such  purposes,  under  any  grant  by  the  city 
council  or  board  of  trustees,  which  is  not  made  in  conformity 
with  the  provisions  hereof,  and  the  sufficiency  of  the  petition 
herein  required,  shall  be  ascertained  by  the  court  in  which  such 
bill  in  chancery  may  be  filed. 


HOUSES  OF  CORRECTION. 

223.  An  act  to  establish  houses  of  correction,  and  author¬ 
ize  the  confinement  of  convicted  persons .  therein.  [Approved 
April  25,  1871.]  (See  R.  S.  1899,  page  955.) 

224.  An  act  to  authorize  cities  to  establish  houses  of  cor¬ 
rection  outside  of  the  corporate  limits  and  authorize  the  confine- 


STATUTES  RELATING  TO  THE  MUNICIPAL 


64 


ment  of  convicted  persons  therein.  (In  force  July  1,  1897. 
See  R.  S.  1899,  page  361.) 


HOUSES  OF  ILL-FAME. 

Act  of  March  27,  1874. 

225.  Licensing  and  Medical  Inspection  Forbidden.  §  1. 

That  it  shall  be  unlawful  for  the  corporate  authorities  of  any 
city,  town  or  village  in  this  state  to  grant  a  license  to  any  per¬ 
son,  male  or  female,  to  keep  what  is  known  as  a  house  of 
ill-fame  or  house  of  prostitution.  And  it  shall  be  unlawful  for 
any  board  of  health  (or  any  member  or  employe  of  the  same) 
now  existing,  or  which  may  hereafter  exist  under  the  laws 
of  this  state,  to  interfere  in  the  management  of  any  house 
of  ill  fame  or  house  of  prostitution,  or  to  provide  in  any  man¬ 
ner  for  the  medical  inspection  or  examination  of  any  inmate  of 
the  same. 


,  .  IMPRISONMENT  FOR  FINE. 

Cb.  79,  R.  S.,  1899,  p  1089. 

226.  No  Imprisonment  Without  Conviction  by  a  Jury 
Unless  Jury  Waived.  §  12.  No  person  shall  be  imprisoned 
for  non-payment  of  a  fine  or  a  judgment  in  any  civil,  criminal, 
quasi  criminal,  or  qui  tarn  action  except  upon  conviction  by  a 
jury:  Provided,  that  the  defendant  or  defendants  in  any  such 
action  may  waive  a  jury  trial  by  executing  a  formal  waiver  in 
writing;  and  when  such  waiver  of  jury  is  made,  imprisonment 
may  follow  the  judgment  of  the  court  without  conviction  by  the 
jury.  This  section  shall  not  apply  to  fines  inflicted  for  con¬ 
tempt  of  court. 


LIBRARIES. 

227.  An  Act  to  Authorize  Cities,  Incorporated  Towns 
and  Townships  to  Establish  and  Maintain  Free  Public  Libra¬ 
ries  and  Reading  Rooms.  (Approved  and  in  force  March  7, 
1872.)  See  R.  S.  1899,  chap.  81,  p  1096. 


LIEN  FOR  PUBLIC  IMPROVEMENTS. 

R.  S.  1899,  ch.  82,  p  1110. 

228.  Lien  on  the  Money,  Bond  or  Warrants  Due  Con- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


65 


tractor.  §  24.  Any  person  who  shall  furnish  material,  appa¬ 
ratus,  fixtures,  machinery  or  labor  to  any  contractor  for  a 
public  improvement  in  this  state,  shall  have  a  lien  on  the 
money,  bonds  or  warrants  due  or  to  become  due  such  contrac¬ 
tor  for  such  improvement:  Provided,  such  person  shall, 
before  any  payment  or  delivery  thereof  is  made  to  such  con¬ 
tractor,  notify  the  officials  of  this  state,  county,  township,  city 
or  municipality  whose  duty  it  is  to  pay  such  contractor,  of  his 
claim  by  a  written  notice  and  the  full  particulars  thereof.  It 
shall  be  the  duty  of  such  officials  so  notified  to  withhold  a  suffi¬ 
cient  amount  to  pay  such  claim  until  it  is  admitted,  or  by  law 
established,  and  thereupon  to  pay  the  amount  thereof  to  such 
person  and  such  payment  shall  be  a  credit  on  the  contract  price 
to  be  paid  to  such  contractor. 

Any  officer  violating  the  duty  hereby  imposed  upon  him 
shall  be  liable  on  his  official  bond  to  the  person  serving  such 
notice  for  the  damages  resulting  from  such  violation,  which 
may  be  recovered  in  an  action  at  law  in  any  court  of  competent 
jurisdiction.  There  shall  be  no  preference  between  the  per¬ 
sons  serving  such  notice,  but  all  shall  be  paid  pro  rata  in 
proportion  to  the  amount  due  under  their  respective  contracts. 


MARKETING  PRODUCTS. 

Act  January  13,  1872. 

229.  Farmer,  etc.,  May  Sell  Products  Without  License. 

§  1.  That  every  farmer,  fruit  and  vine  grower,  and  gardener 
shall  have  an  undisputed  rigt  t  to  seT  the  produce  of  his  farm, 
orchard,  vineyard  and  garden  in  any  place  or  market  where 
such  articles  are  usually  sold,  and  in  any  quantity  he  may 
think  proper,  without  paying  any  state,  county  or  city  tax  or 
license  for  doing  so,  any  law,  city  or  town  ordinance  to  the  con¬ 
trary  notwithstanding:  Provided,  that  the  corporate  authori¬ 
ties  of  any  such  city,  town  or  village  may  prohibit  the  obstruc¬ 
tion  of  its  streets,  alleys  and  public  places  for  any  such 
purpose:  And  provided  further,  that  nothing  in  this  act  shall 
be  so  construed  as  to  authorize  the  sale  of  spirituous,  vinous  or 
malt  liquors,  contrary  to  laws  which  now  or  hereafter  may  be 
in  force  prohibiting  the  sale  thereof. 

mayor’s  bill. 

Act  of  April  10,  1875. 

230.  Power  of  Mayor  and  Council — Repeal.  §  1.  (Sec¬ 
tion  1  of  this  act  is  repealed  by  act  approved  May  28,  1879.) 


66 


STATUTES  RELATING  TO  THE  MUNICIPAL 


231.  Approval  and  Veto  of  Ordinances.  §  2.  All  ordi¬ 
nances  passed  by  the  city  council  shall,  before  they  take  effect 
bedeposied  in  the  office  of  the  city  clerk,  and  if  the  mayor 
approves  thereof,  he  shall  si^n  the  same,  and  such  as  he  shall 
not  approve  he  shall  return  to  ihe  council,  with  his  objections 
thereto,  in  writing,  at  the  next  regular  meeting  of  the  council 
occuring  not  less  than  five  days  after  the  passage  thereof. 
Such  veto  may  extend  to  any  one  or  more  items  or  appropria¬ 
tions  contained  in  any  ordinance,  and  in  case  the  veto  only 
extends  to  a  part  of  such  ordinance,  the  residue  thereof  shall 
take  effect  and  be  in  force;  but  in  case  the  mayor  shall  fail  to 
return  any  ordinance  with  his  objections  thereto,  by  the  time 
aforesaid,  he  shall  be  deemed  to  have  approved  such  ordinance, 
and  the  same  shall  take  effect  accordingly. 

232.  Passage  Over  Mayor’s  Veto  §  3.  Upon  the  re¬ 
turn  of  any  ordinance  by  the  mayor,  Ihe  vote  by  which  the 
same  was  passed  shall  be  reconsidered  by  the  council;  and  if, 
after  such  reconsideration,  two-thirds  of  all  members  elected 
to  the  city  council  shall  agree,  by  yeas  and  nays,  to  pass  the 
same,  it  shall  go  into  effect,  notwithstanding  the  mayor  may  re¬ 
fuse  to  approve  thereof.  The  vote  to  pass  the  same  over  the 
mayor's  veto  shall  betaken  by  yeas  and  nays,  and  entered  on  the 
journal. 

233.  Emergency.  §  4.  Whereas,  the  legislative  author¬ 
ities  in  many  cities  pass  their  appropriation  bills  before  the 
first  day  of  July  next,  and  mayors  have  no  power  to  veto  a  part 
of  such  appropriation  or  ordinance,  wherefore  an  emergency 
exists;  therefore,  this  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


NAME — CHANGING  OF. 

234.  An  Act  to  Enable  any  City,  Town  or  Village  in  This 
State  to  Change  its  Name.  (In  force  July  1,  1872.)  See  R. 

S.,  1899,  p.  305. 


NON-RESIDENTS. 

235.  Non-residents  not  to  Be  Sheriff,  Special  Policeman, 
etc.  §  1.  That  it  shall  be  unlawful  for  the  sheriff  of  any 
county,  or  the  corporate  authorities  of  any  city,  town  or  village 
to  authorize,  empower,  employ  or  permit  any  person  to  act  as 
deputy  sheriff,  special  constable  or  special  policeman,  for  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


67 


purpose  of  preserving  the  peace  who  is  not  a  citizen  of  the 
United  States  and  has  not  been  an  actual  resident  of  the 
county  where  such  person  is  authorized  to  act  as  deputy 
sheriff,  special  constable  or  special  policemen,  one  whole  year 
before  such  authorization. 

236.  Penalty.  §  2.  Any  sheriff  or  public  officer  violat¬ 
ing  the  provision  of  this  act,  shall  be  deemed  guilty  of  a  misde¬ 
meanor,  and  shall  on  conviction,  be  punished  by  a  fine  of  not 
less  than  $100,  and  not  more  than  $500. 


OFFICERS. 

R.  S.  Cb.  38,  Div.  6,  Sec.  2. 

237.  Duty  of  Officers,  g  2.  It  shall  be  the  duty  of 
every  sheriff,  coroner,  constable,  and  every  marshal,  police¬ 
man,  or  other  officer  of  any  incorporated  city,  town  or  village, 
having  the  power  of  a  sheriff  or  constable,  when  any  criminal 
offense  or  breach  of  the  peace  is  committed  or  attempted  in  his 
presence,  forthwith  to  apprehend  the  offender  and  bring  him 
before  some  justice  of  the  peace,  to  be  dealt  with  according  to 
law;  to  suppress  all  riots  and  unlawful  assemblies  and  to  keep 
the  peace,  and  without  delay  to  serve  and  execute  all  warrants, 
writs,  precepts,  and  other  process  to  him  lawfully  directed. 

*  *  *  *  *  *  *  *  -x- 

238.  Aldermen  of  Cities — Trustees  of  Villages,  g  2. 
That  it  shall  be  and  is  hereby  declared  unlawful  for  any  aider- 
man  of  any  city,  or  member  of  the  board  of  trustees  of  any 
village  of  this  state,  during  the  term  of  office  for  which  he  is 
elected,  to  accept  or  be  appointed  to  or  hold  any  office,  by  the 
appointment  of  the  mayor  or  president  of  the  board  of  trustees 
there  of;  and  any  and  all  such  election  or  appointment  shall 
be  absolutely  null  and  void. 

239.  Not  to  be  Interested  in  Contracts — Not  to  Act  as 
Attorney  to  Procure — Bribery,  g  3.  It  shall  not  be  lawful 
for  any  person,  now  or  hereafter  holding  any  office,  either  by 
election  or  appointment,  under  the  constitution  of  this  state,  to 
become  in  any  manner  interested  either  directly  or  indirectly, 
in  his  own  name  or  in  the  name  of  any  other  person  or  corpor¬ 
ation,  in  any  contract,  or  the  performance  of  any  work  in  the 
making  or  letting  of  which  such  officer  may  be  called  upon  to 
act  or  vote.  And  it  shall  not  be  lawful  for  any  such  officer  to 
represent,  either  as  agent  or  otherwise,  any  person,  company 
or  corporation,  in  respect  of  any  application  or  bid  for  any 


68 


STATUTES  RELATING  TO  THE  MUNICIPAL 


contract  or  work  in  regard  to  which  such  officer  may  be  called 
upon  to  vote.  Nor  shali  any  such  officer  take  or  receive,  or 
offer  to  take  or  receive,  either  directly  or  indirectly,  any  money 
or  other  thing  of  value,  as  a  gift  or  bribe,  or  a  means  of  influenc¬ 
ing  his  vote  or  action  in  his  official  character;  and  any  and  all 
contracts  made  and  procured  in  violation  hereof,  shall  be  null 
and  void. 

240.  Penalty.  §  4.  Any  alderman,  member  of  a  board 
of  trustees,  supervisor,  or  county  commissioner,  or  person  now 
or  hereafter  holding  any  office,  either  by  election  or  appoint¬ 
ment  under  the  constitution  of  this  state,  or  any  law  now  or 
hereafter  in  force  in  this  state,  who  .“hall  violate  any  of  the 
provisions  of  the  preceding  sections,  shall  be  deemtd  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  may  be  punished  by 
confinement  in  the  penitentiary  for  a  term  not  less  than  one  year 
nor  more  than  five  years  or  fined  in  a  sum  not  less  than  1200  nor 
more  than  $1,000,  or  both,  in  the  discretion  <  f  the  court  before 
which  such  conviction  shall  be  had;  and  in  addition  thereto,  any 
office  or  official  position  held  by  any  person  or  persons  so  con¬ 
victed  shall,  by  the  fact  of  such  conviction,  become  vacant, and 
shall  be  so  declared  as  part  of  the  judgment  of  court;  and  the 
person  or  persons  so  convicted  shall  be  disqualified  from  hold¬ 
ing  any  office  or  position  of  trust  and  confidence  in  this  state 
for  the  period  of  twTo  years  from  and  after  the  date  of  such 
conviction. 

241.  Officers — Misconduct  of.  Sec  Chap.  38,  Secs.  208  to 
219,  R.  S.  1899,  p.  604. 


OFFICERS— RESIGNATION  AND  VACANCIES. 

Act  of  April  3,  1872. 

242.  Of  Elective  Officers  §  124.  Resignations  of  elec¬ 
tive  offices  shall  be  made  to  the  officer,  court  or  county  board 
authorized  by  law  to  fill  a  vacancy  in  such  office  by  appointment, 
or  to  order  an  election  to  fill  such  vacancy. 

243.  When  Office  Becomes  Vacant.  §  125.  Every  elec¬ 
tive  office  shall  become  vacant  on  the  happening  of  either  of 
the  following  events,  before  the  expiration  of  the  term  of  such 
office: 

First.  The  death  of  the  incumbent. 

Second.  His  resignation. 

Third.  His  becoming  insane. 

Fourth.  His  ceasing  to  be  an  inhabitant  of  the  state;  or, 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


69 


if  the  office  is  local,  his  ceasing  to  be  an  inhabitant  of  the  dis- 
trict,  county,  town  or  precinct  for  which  he  was  elected. 

Fifth.  His  conviction  of  an  infamous  crime,  or  of  any 
offense  involving  a  violation  of  official  oath. 

Sixth.  His  removal  from  office. 

Seventh.  His  refusal  or  neglect  to  take  his  oath  of  office, 
or  to  give  or  renew  his  official  bond,  or  to  deposit  or  file  such 
oath  or  bond  within  the  time  prescribed  by  law. 

Eighth.  The  decision  of  a  competent  tribunal  declaring 
his  election  void. 

244.  Who  May  Determine  When  Vacancy  Exists.  §  126. 
Whenever  it  is  alleged  that  a  vacancy  in  any  office  exists,  the 
officer,  court,  or  county  board,  whose  duty  it  is  to  fill  the 
vacancy  by  appointment,  or  to  order  an  election  to  fill  such 
vacancy,  shall  have  power  to  determine  whether  or  not  the  facts 
occasioning  such  vacancy  exists. 


OFFICERS — SALARIES  OF. 

Act  of  April  23,  1873. 

245.  When  to  be  Fixed — Not  Changed  During  Terrm 

§  1  It  shall  and  may  be  lawful  for  the  common  council  or 
legislative  authority  of  any  city  in  this  state  to  establish  and 
fix  the  amount  of  salary  to  be  paid  any  and  all  city  officers,  as 
the  case  may  be,  except  members  of  such  legislative  body,  in 
the  annual  appropriation  bill  or  ordinance  made  for  the  purpose 
of  providing  for  the  annual  expenses  of  any  such  city,  or  by 
some  ordinance  prior  to  the  passage  of  such  annual  appropria¬ 
tion  bill  or  ordinance;  and  the  salaries  or  compensation  thus 
fixed  or  established,  shall  neither  be  increased  nor  diminished 
by  the  said  common  council  or  legislative  authority  of  any  such 
city,  after  the  passage  of  said  annual  appropriation  bill  or 
ordinance,  during  the  year  for  which  such  appropriation  is 
made,  and  no  extra  compensation  shall  ever  be  allowed  to  any 
such  officer  or  employe  over  and  above  that  provided  in  manner 
aforesaid. 

246.  Emergency.  §  2.  Whereas,  the  corporate  author* 
ities  of  certain  cities  in  this  state  have  no  power  to  establish  or 
fix  the  salaries  of  their  city  officers  in  certain  cases,  whereby 
an  emergency  exists  requiring  this  act  to  take  immediate  effect;, 
therefore,  this  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


70 


STATUTES  RELATING  TO  THE  MUNICIPAL 


OIL  INSPECTION. 

Act  of 'March  12,  1874. 

247.  Appointment  of  Inspectors — Term  of  Office — Dep¬ 
uties.  §  1.  The  judge  of  the  county  court  of  any  county  for 
townships  outside  of  incorporated  cities,  towns  and  villages, 
the  mayor  of  any  city,  with  the  approval  of  the  city  council 
and  the  board  of  trustees  of  any  village  or  town,  may,  and  on 
the  petition  of  any  five  inhabitants  thereof,  shall,  appoint  one 
or  more  inspectors  for  the  inspection  of  coal  oil,  naptha,  gaso¬ 
line,  benzine,  and  other  mineral  oils  or  fluids,  the  product  of 
petroleum,  and  tix  their  compensation,  to  be  paid  by  the  party 
requiring  their  services.  Every  such  inspector  shall  hold  his 
office  for  one  year,  and  until  his  success  Dr  is  appointed  and  qual¬ 
ified,  unless  sooner  removed  from  office.  He  may  appoint 
deputies,  for  whom  he  shall  be  responsible,  and  who  shall  take 
the  same  oath  and  be  liable  to  the  same  penalties  as  the 
inspector. 

248.  Oath — Bond — Suit  On.  §  2.  Every  such  inspector, 
before  entering  upon  the  duties  of  his  office,  shall  take  and  sub¬ 
scribe  the  following  oath: 

I  do  solemnly  swear  ior  affirm,  as  the  case  may  be,)  that  I  will  sup¬ 
port  the  Constitution  of  the  United  States,  and  the  Constitution  of  the 
State  of  Illinois,  and  that  I  will  faithfully  discharge  the  duties  of  the 
office  of  oil  inspector,  according  to  the  best  of  my  ability. 

He  shall  also  execute  a  bond  payable  to  the  people  of  the 
state,  in  such  sum  as  shall  be  required  by  the  county  judge, 
city  council  or  board  of  trustees,  with  one  or  more  sureties  to 
be  approved  by  the  county  judge,  mayor,  or  president  of  the 
board  of  trustess,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office.  Any  person  aggrieved  by  the  misconduct 
or  neglect  of  such  inspector  may  maintain  (suit)  thereon  for  his 
own  use.  (In  force  July  1,  1887.) 

249.  Inspector  to  Test.  §  3.  Upon  the  application  of 
any  manufacturer,  refiner  or  producer  of,  or  any  dealer  in,  any 
such  oil  or  fluid,  or  of  any  officer  or  person  to  test  any  such  oil 
or  fluid,  such  inspector  shall  test  the  same  with  all  reasonable 
dispatch  by  applying  the  tire  test,  as  indicated  and  determined 
by  J.  Tagliabue’s  pyrometer,  or  some  other  instrument  or  means 
equally  accurate,  with  which  he  shall  have  provided  himself  at 
his  own  expense. 

250  Test — Casks  Marked — Inspector  Not  to  Trade  in 
Oil.  g  4.  If  the  oils  or  fluids  so  tested  will  not  ignite  or 
explode  at  a  temperature  less  than  one  hundred  and  fifty  de¬ 
grees  Fahrenheit, the  inspector  shall  mark, plainly  and  indelibly, 
on  each  cask,  barrel  or  package  “Approved,  fire  test  being 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


71 


. but  if  said  oils  or  fluids  will  ignite  at  a  temperature 

less  than  one  hundred  and  fifty  degrees  Fahrenheit,  as  afore¬ 
said,  then  the  inspector  shall  mark  on  each  cask,  barrel  or 
package  “Condemned  for  illuminating  purposes;  fire  test 

being _ ”  Said  inspector,  while  in  office,  shall  not  buy, 

sell,  bargain  or  trade,  directly  or  indirectly,  in  any  of  the  said 
oils  or  fluids. 

251.  Record  Kept,  and  Open  to  Examination.  §  5.  He 

shall  also  within  twenty- four  hours  after  making  any  inspection, 
make  a  full,  and  fair  entry  fhereof  in  a  record  book  to  be  kept 
for  that  purp  >se,  which  shall  be  open  to  all  persons  wishing  to 
examine  the  same. 

252.  Penalty  for  Misconduct  in  Office  §  6.  Any  such 
inspector  or  deputy  who  shall  falsely  brand  any  package,  cask 
or  barrel,  or  be  guilty  of  any  fraud,  deceit,  misconduct  or 
culpable  negligence  in  the  performance  of  any  of  his  official 
duties,  shall  be  fined  not  exceeding  1200,  and  be  liable  to  the 
party  injured  for  all  damages  occasioned  thereby. 

253.  Penalty  for  Neglect  to  Give  Notice  of,  or  Selling  Oil 
Not  Inspected— Counterfeit  Brands,  etc.  §  7.  Any  manufac¬ 
turer,  refiner  or  producer  of,  or  any  dealer  in  c  al  oil,  naptha, 
gasoline,  benzine,  or  other  mineral  oil  or  fluid,  the  product  of 
petroleum,  in  any  city,  village  or  town  in  which  such  inspector 
is  appointed,  who  shall  neglect  to  give  notice  to  such  inspector, 
of  any  such  oil  or  fluid  in  his  possession  not  already  inspected 
by  some  authorized  inspector  of  this  state,  within  two  days 
after  the  same  is  m  ide  or  refined  by  him  or  received  into  his 
possession,  or  shall  offe  r  any  such  oil  or  fluid  for  sale  before  the 
same  has  been  so  inspected,  or  shall  sell  or  attempt  to  sell  to 
any  person,  for  illuminating  purposes,  any  such  oil  which  is 
below  the  approved  standard — that  is,  having  igniting  point  less 
than  one  hundred  and  fifty  degrees  Fahrenheit,  as  indicated 
and  determined  in  Ihe  manner  herein  provided,  or  shall  use  any 
package,  cask,  barrel  or  other  thing  having  the  inspection 
brand  thereon,  the  oil  or  fluid  therein  not  having  been  inspected, 
or  shall  counterfeit  any  brand,  shall  be  fined  not  exceeding 
$200,  and  be  liable  to  the  party  injured  for  all  damages  occa¬ 
sioned  thereby,  and  all  the  casks,  barrels  or  packages  so  falsely 
used,  and  their  contents,  shall  be  forfeited,  and  may  be  seized 
and  sold 

254.  Fines,  How  Recovered  and  Disposed  of.  §  8.  The 
fines  herein  provided  may  bo  recovered  in  the  name  of  the  peo¬ 
ple  of  the  state  of  Illinois,  before  any  justice  of  the  peace  of 
the  county  where  the  offense  is  committed,  and  when  collected, 
one  half  shall  bo  paid  to  the  informer,  and  the  other  half  and 


STATUTES  RELATING  TO  THE  MUNICIPAL 


72 

the  proceeds  of  the  sale  of  all  casks,  barrels  and  packages,  and 
the  contents  thereof  seized,  as  herein  provided,  shall  be  paid 
into  the  city,  village  or  town  treasury. 


PLUMBERS,  LICENSING  OF,  ETC. 

Act  of  June  10,  1897. 

255.  Person  Working  as  Plumber  to  Receive  Certificate. 

§  1.  That  any  person  now  or  hereafter  engaging  in  or  wTorking 
at  the  business  of  plumbing  in  cities  or  towns  of  5,000  inhabi¬ 
tants  or  more  in  this  state,  either  as  a  master  plumber  or 
employing  plumber  or  as  a  journeyman  plumber,  shall  first 
receive  a  certificate  thereof,  in  accordance  with  the  provisions 
of  this  act. 

256  Board  to  Examine  Plumber’s  Certificate.  §  2. 

Any  person  desiring  to  engage  in  or  work  at  the  business  of 
plumbing,  either  as  a  master  plumber  or  employing  plumber, 
or  as  a  journeyman  plumber,  shall  make  application  to  a  board 
of  examiners  hereinafter  provided  for,  and  shall,  at  such  time  and 
place  as  said  board  may  designate,  be  compelled  to  pass  such 
examination  as  to  his  qualifications,  as  said  board  may  direct;: 
said  examination  may  be  made  in  whole  or  in  part,  or  (in)  writ¬ 
ing,  and  shall  be  of  a  practical  and  elementory  character,  but 
sufficiently  strict,  to  test  the  qualifications  of  the  applicant. 

257.  Board  to  Be  Appointed  by  the  Mayor.  §  B  That 
there  shall  be  in  every  city,  town  Qr  village,  of  10,000  inhabit¬ 
ants  or  more,  a  board  of  examiners  of  plumbers,  consisting  of 
three  members  one  of  which  shall  be  the  chairman  of  the  board 
of  health,  who  shall  be  office  (ex-officio)  chairman  of  said 
board  of  examiners,  a  second  member,  who  shall  be  a  master 
plumber,  and  a  third  member  who  shall  be  a  journeyman 
plumber.  Said  second  and  third  member  shall  be  appointed  by 
the  mayor  and  approved  by  the  (city)  council  or  by  the  board 
of  trusees  of  said  town,  or  village,  within  three  months  after 
the  passage  of  this  act,  for  the  term  of  one  year  from  the  first 
day  of  May,  in  the  year  of  appointment,  and  thereafter  annu¬ 
ally  before  the  first  day  of  May,  and  shall  be  paid  from  the 
treasury  of  said  city,  town  or  village,  the  same  as  other  officers, 
in  such  sums  as  the  authorities  may  designate. 

258.  Meeting  of  Board  of  Examiners — Scope  of  Exam¬ 
ination — Certificate  of  Qualification — Fee  for.  §  4.  Said  board 
of  examiners  shall,  as  soon  as  may  be,  after  the  appointment, 
meet  and  shall  then  designate  the  times  arid  places  for  the  ex¬ 
amination  of  all  applicants  desiring  to  engage  in,  or  work  at,. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


73 


the  business  of  plumbing,  within  their  respective  jurisdiction. 
Said  board  shall  examine  said  applicants  as  to  their  practical 
knowledge  of  plumbing,  house  drainage,  and  plumbing  ventila¬ 
tion;  and,  if  satisfied  of  the  competency  of  such  applicants, 
shall  thereupon  issue  a  certificate  to  such  applicant,  authoriz¬ 
ing  him  to  engage  in,  or  work  at,  the  business  of  plumbing, 
whether  as  master  plumber,  or  employing  plumber,  or  as  a 
journeyman  plumber. 

The  fee  for  a  certificate  for  a  master  plumber,  or  empty¬ 
ing  plumber,  shall  be  $5.00;  for  a  journeyman  plumber  it  shall 
be  ll.ro.  Said  certificate  sha'l  be  valid  and  have  force 
throughout  the  state,  and  all  fees  received  for  said  certificates 
shall  be  paid  into  the  treasury  of  the  city,  town  or  village 
where  said  certificates  are  issued. 

259.  Cities,  etc.,  to  Prescribe  Rules  and  Regulations  for 
the  Material  Constructions,  Alterations  and  Inspection  of 
All  Plumbing  and  Sewerage,  etc.  §  5.  Each  city,  town  or 
village,  in  this  state,  having  a  system  of  water  supply  or  sew¬ 
erage,  shall  by  ordinance  or  by-law,  within  three  months  of  the 
passage  of  this  act,  prescribe  rules  and  regulations  for  the 
materials,  constructions,  alteration  and  inspection  of  all  plumb¬ 
ing  and  sewTerage  placed  in,  or  in  connection  with,  any  building 
in  such  city,  town  or  village;  and  the  board  of  health,  or  proper 
authorities,  shall  further  provide  that  no  plumbing  work  shall 
be  done,  except  in  case  of  repairing  leaks,  without  a  permit 
being  first  issued  therefor,  upon  such  terms  and  conditions  as 
such  city,  town  or  village,  shall  prescribe. 

260.  Who  Required  to  Take  Examination  and  Procure 
Certificates.  §  6.  All  persons  who  are  required  by  this  act  to 
take  examinations  and  procure  a  certificate  as  required  by  this 
act  shall  apply  to  the  board  in  the  city  where  he  resides  or  to 
the  board  nearest  his  place  of  residence. 

261.  Penalty  for  Violating  Act.  g  7.  Any  person  vio¬ 
lating  any  provision  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and  be  subject  to  a  fine  of  not  less  than  five  dol¬ 
lars  ($5)  nor  exceeding  fifty  dollars  ($50)  for  each  and  every 
violation  therefor,  and  his  certificate  may  be  revoked  by  the 
board  of  health  or  proper  authorities  of  this  city,  town  or 
village. 


PLATS. 

Act  of  March  21,  1874. 

262.  Laying  Out  Towns,  etc.  §  1.  Whenever  the  owner 


74 


STATUTES  RELATING  TO  THE  MUNICIPAL 


of  lands  shall  wish  to  subdivide  the  same  into  two  or  more  parts 
for  the  purpose  of  laying  out  a  town,  or  making  any  addition  to 
any  city,  village  or  town,  or  of  re-subdividing  any  lots  or 
blocks  therein,  he  shall  cause  the  same  to  be  surveyed  and  a 
plat  thereof  to  be  made  by  the  county  surveyor  or  some  other 
competent  surveyor,  which  plat  shall  particularly  describe  and 
set  forth  all  the  streets,  alleys,  common  or  public  grounds,  and 
all  the  in  and  out  lots  or  fractional  lots  or  blocks  within,  adjoin¬ 
ing  or  adjacent  to  the  land  so  divided,  giving  the  names,  widths, 
courses  and  extent  of  all  such  streets  and  alleys,  and  number¬ 
ing  all  lots  and  blocks  by  progressive  numbers,  giving  their 
precise  length  and  width.  Reference  shall  also  be  made  upon 
the  plat  to  some  known  and  permanent  monument  from  which 
future  surveys  may  be  made,  or,  if  no  such  monument  shall 
exist  within  convenient  distance,  the  surveyor  shall,  at  the  time 
of  making  his  survey,  plant,  and  fix  in  such  manner  that  the 
same  shall  not  be  moved  by  frost,  at  the  corner  of  some  public 
ground,  or,  if  there  be  none,  then  at  the  corner  of  some  lot  or 
block  most  convenient  for  reference,  a  good  and  sufficient  stone, 
to  be  furnished  by  the  person  for  whom  the  survey  is  made,  and 
designate  upon  the  plat  the  point  where  the  same  may  be 
found. 

263.  Certificate  of  Surveyor — Acknowledgment — Record. 

§  2.  The  plat  having  been  completed,  shall  be  certified  by  the 
surveyor  and  acknowledged  by  the  owner  of  the  land,  or  his 
attorney  duly  authorized,  in  the  same  manner  as  deeds  of  land 
are  required  to  be  acknowledged.  The  certificate  of  ihe  sur¬ 
veyor  and  of  acknowledgment,  together  with  the  plat,  shall  be 
recorded  in  the  recorder’s  office  of  the  county  in  which  the  land 
is  situated,  and  such  acknowledgment  and  record  shall  have 
like  effect  and  certified  copies  thereof  and  of  such  plat  or  of 
any  plat  heretofore  acknowledged  and  certified  according  to 
law,  may  be  used  in  evidence  to  the  same  extent  and  with  like 
effect,  as  in  case  of  deeds. 

264.  Dedication,  Effect  of.  g  ,3.  The  acknowledgment 
and  recording  of  such  plat  shall  be  held  in  iawr  and  in  equity  to 
be  a  conveyance  in  fee  simple  of  such  p  actions  of  the  premises 
platted  as  are  marked  or  noted  on  such  plat  as  donated  or 
granted  to  the  public,  or  any  person,  religious  society,  corpor¬ 
ation  or  body  politic,  and  as  a  general  warranty  against  the 
donor,  his  heirs  and  representatives  to  such  donee  or  grantee 
for  their  use  or  for  the  use  and  purposes  therein  named  or 
intended,  and  for  no  other  use  or  purpose.  And  the  premises 
Intended  for  any  street,  alley,  way,  common  or  other  public  use 
Iff  any  city,  village  or  town,  or  addition  thereto,  shall  be  held  in 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


75 


the  corporate  name  thereof  in  trust  to  and  for  the  uses  and 
purposes  set  forth  or  intended. 

265.  Neglect  to  Plant  Corner  Stone,  etc.  §  4.  Whoever 
shall  lay  out  any  town  or  make  any  addition  to  any  city,  village 
or  town,  or  resubdivide  any  lots  or  blocks  therein,  and  neglect 
to  plant  any  corner  stone  when  required  by  this  act,  or  shall 
survey  the  same  or  cause  it  to  be  surveyed  in  any  other  mariner 
than  that  which  is  prescribed  in  this  act,  shall  be  fined  in  any 
sum  not  less  than  25  nor  exceeding  $100. 

266.  Penalty  for  Selling  Without  Plat  Recorded,  etc. 

§  5.  Whoever  shall  sell  or  offer  for  sale,  or  lease  for  any  time 
exceeding  five  years,  any  lot  or  block  in  any  town,  city  or 
village,  or  any  addition  thereto,  or  any  resubdivision  of  any  lot 
or  block  therein,  before  all  the  requisitions  of  this  act  have 
been  complied  with,  shall  be  fined  $25  for  each  lot  or  block  or 
part  thereof  so  disposed  of,  offered  for  sale  or  leased. 

VACATION  OF  PLATS. 

267.  Of  the  Whole  Plat.  §  6.  Any  such  plat  may  be 
vacated  by  the  owner  of  the  premises  at  any  time  before  the 
sale  of  any  lot  therein,  by  a  written  instrument  declaring  the 
same  to  be  vacated,  executed,  acknowledged  or  proved,  and 
recorded  in  like  manner  as  deeds  of  land;  which  declaration 
being  duly  recorded,  shall  operate  to  destroy  the  force  and 
effect  of  the  recording  of  the  plat  so  vacated,  and  to  divest  all 
public  rights  in  the  streets,  alleys  and  public  grounds,  and  all 
dedications  laid  out  or  described  in  such  plat.  When  lots  have  * 
been  sold,  the  plat  may  be  vacated  in  the  manner  herein  pro¬ 
vided  by  all  the  owners  of  lots  in  such  plat  joining  in  the 
execution  of  such  writing. 

268.  Of  Part  of  Plat.  §  7.  Any  part  of  a  plat  may  be 
vacated  in  the  manner  provided  in  the  preceding  section,  and 
subject  to  the  conditions  therein  prescribed:  Provided,  such 
vacation  shall  not  abridge  or  destroy  any  of  the  rights  or  privi¬ 
leges  of  other  proprietors  in  such  plat:  And,  provided,  further, 
that  nothing  contained  in  this  section  shall  authorize  the  closing 
or  obstructing  of  any  public  highway  laid  out  according  to 
law. 

269.  Canceling  Plat  of  Record,  g  8.  When  any  plat  or 
part  thereof  is  vacated,  the  recorder  in  whose  office  the  plat  is 
recorded  shall,  upon  the  recording  of  such  vacation,  write  in 
plain  letters  across  the  plat  or  part  so  vacated  the  word 
“vacated,”  and  shall  also  make  a  reference  on  the  same  to  the 
volume  and  page  in  which  the  instrument  of  vacation  is 
recorded. 


76 


STATUTES  RELATING  TO  THE  MUNICIPAL 


PLATS  TO  BE  RECORDED. 

270.  Plats  of  Highways,  etc.,  to  be  Made  and  Recorded^ 

§  9.  Whenever  any  highway,  road,  street,  alley,  public  ground^ 
toll-road,  railroad  or  canal  is  laid  out,  located,  opened,  widened 
or  extended,  or  the  location  thereof  altered,  it  shall  be  the  duty 
of  the  commissioners,  authorities,  officers,  persons  or  corpora¬ 
tions,  public  or  private,  laying  out,  locating,  opening,  widening, 
extending  or  altering  the  same,  to  cause  a  plat  thereof  showing 
the  width,  courses  and  extent  thereof,  and  making  such  refer¬ 
ence  to  known  and  established  corners  or  monuments  that  the 
location  thereof  may  be  ascertained,  to  be  made,  and  recorded 
in  the  office  of  the  recorder  of  the  county  in  which  the  premises 
taken  or  used  for  the  same,  or  any  part  thereof,  are  situated, 
within  six  months  after  such  highway,  road,  street,  alley,  pub- 
-  lie  ground,  toll-road,  railroad  or  canal  is  laid  out,  located,  opened,.  ■ 
widened  or  extended,  or  the  location  thereof  altered;  and  when 
any  highway,  road,  street,  alley,  public  ground,  toll-road,  rail¬ 
road  or  canal  is  vacated,  the  order,  ordinance  or  other  declar¬ 
ation  vacating  the  same  shall  be  in  like  manner  recorded.  This 
act  shall  not  be  construed  to  alter  or  affect  any  law  specifically 
providing  for  the  recording  of  any  such  plat,  or  to  require  the 
same  to  be  recorded  sooner  than  is  so  specifically  provided;. 
except  that  any  requirements  to  record  such  plat  in  any  other 
place  than  is  provided  herein  shall  not  excuse  the  parties  from 
complying  with  this  act.  Whoever  shall  refuse  or  neglect  to 
comply  with  this  section  shall  forfeit  $25,  and  the  like  sum  for 
every  month  he  shall  continue  in  such  refusal  or  neglect  after 
conviction  therefor,  to  be  recovered  before  any  justice  of  the 
peace  of  the  county,  in  the  name  of  the  county,  one-half  to  the 
use  of  the  county  and  the  other  half  to  the  use  of  the  person 
complaining. 


POLICE  AND  FIREMEN’S  RELIEF  FUND. 

271.  An  act  to  amend  “An  Act  for  the  relief  of  disabled 
members  of  the  police  and  fire  departments  in  cities  and  vil¬ 
lages,”  approved  May  24,  1877.  In  force  July  1,  1877. 
[Approved  May  10,  1879.  In  force  July  1,  1879.]  Sec.  382  et 
seq,  Chap.  24,  R.  S.  1899,  p.  338. 

272.  Pleasure  Driveways  —  Incorporated  Cities.  Act 

providing  for,  Sec.  435  et  seq,  Chap.  24,  R.  S.  1899,  p.  349. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


77 


POLICE  MAGISTRATES. 

Act  of  April  13,  1875. 

273.  Election  and  Term  of  Office— Jurisdiction.  §  1. 
That  all  towns,  cities  and^villages  in  the  state  which  have  been 
incorporated  under  charters  granted  by  special  acts,  or  under  a 
general  act,  when  the  law  under  which  they  are  incorporated 
does  not  authorize  the  election  of  a  police  magistrate,  be  and 
they  are  hereby  authorized  to  elect  one  police  magistrate  at  the 
first  annual  election  of  town,  city  or  village  officers  that  shall 
occur  after  the  passage  of  this  act,  and  quadrennially  there¬ 
after.  Such  police  magistrates  shall  hold  their  offices  for  the 
same  term,  be  commissioned  and  qualified,  and  have  the  same 
jurisdiction  and  fees,  as  police  magistrates  of  villages  have 
under  the  general  law  for  the  incorporation  of  cities  and 
villages 


PUBLIC  BUILDINGS 
Act  of  March  28,  1874. 

274.  Doors  to  Open  Outward.  §  1.  That  all  public 
buildings  now  in  process  of  construction,  or  hereafter  to  be 
built  or  constructed,  which  may  or  shall  be  used  for  churches, 
school  houses,  operas,  theatres,  lecture  rooms,  hotels,  public 
meetings,  town  halls,  or  which  may  or  shall  be  used  for  any 
purpose  whereby  a  colleciion  of  people  may  be  assembled 
together  for  religious  worship,  amusement  or  instruction,  shall 
be  so  built  and  constructed  that  all  doors  leading  from  the  main 
hall  or  place  where  said  collection  of  people  may  be  assembled, 
or  from  the  principal  room  which  may  be  used  fur  any  of  the 
purposes  aforesaid,  shall  be  so  swung  upon  their  hinges  and 
constructed  that  such  doors  shall  open  outward;  and  that  all 
means  of  egress  for  the  pub  ic  from  the  main  hall  or  principal 
room,  and  from  the  building,  shall  be  by  means  of  doors  which 
shall  open  outwards  from  the  main  hall  or  building. 

275.  Penalty.  §  2.  That  any  person  or  persons  who 
shall  fail  or  refuse  to  comply  with  the  provisions  of  this  act 
shall  be  fined  in  any  sum  not  less  than  $100  nor  more  than 
$1,000. 

276.  When  Public  Buildings  May  be  Closed.  §  3.  That 
in  all  cities  and  towns  having  a  population  of  two  thousand 
inhabitants,  and  upward,  the  mayor,  or  other  corporate  author¬ 
ities  of  said  town  or  city,  shall  be  empowered,  and  he  is  hereby 


78 


STATUTES  RELATING  TO  THE  MUNICIPAL 


authorized  to  close  and  prohibit  all  public  buildings,  hereafter 
erected,  from  being  used  in  violation  of  this  act. 


RAILROADS. 

Act  of  March  31,  1874. 

277.  Starting  Train  Without  Signal.  §  7.  If  any 

engineer  on  any  railroad  shall  start  his  train  at  any  station,  or 
within  any  city,  incorporated  town  or  village,  without  ringing 
the  bell  or  sounding  the  whistle  a  reasonable  time  before  start¬ 
ing,  he  shall  forfeit  a  sum  not  less  than  $10  nor  more  than  $100, 
to  be  recovered  in  an  action  of  debt  in  the  name  of  the  people 
of  the  state  of  Illinois,  and  such  corporation  shall  also  forfeit  a 
like  sum,  to  be  recovered  in  the  same  manner. 

278.  Approaches  at  Crossings.  §  8.  Here  after,  at  all  of 
the  railroad  crossings  of  highways  and  streets  in  this  state,  the 
several  railroad  corporations  in  this  state  shall  construct  and 
maintain  said  crossings,  and  the  approaches  thereto,  within 
their  respective  rights  of  way,  so  that  at  all  times  they  shall  be 
safe  as  to  persons  and  property. 

279.  Neglect  to  Make,  etc. — Crossings — Notice.  §  9. 
Whenever  any  railroad  corporation  shall  neglect  to  construct 
and  maintain  any  of  its  crossings  and  approaches,  as  provided 
in  Section  8  of  this  act,  it  shall  be  the  duty  of  the  proper 
public  authorities,  having  the  charge  of  such  highways  or 
streets,  to  notify,  in  writing,  the  nearest  agent  of  said  railroad 
corporation  of  the  condition  of  said  crossing  or  approaches,  and 
direct  the  same  to  be  constructed,  altered  or  repaired  in  such 
manner  as  they  shall  deem  necessary  for  the  safety  of  persons 
and  property. 

280.  When  Company  Neglects,  Authorities  to  Construct* 
etc.  §  10.  If  any  railroad  corporation  of  this  state  shall,, 
after  having  been  notified,  as  provided  in  Section  9  of  this  act, 
neglect  or  refuse  to  construct,  alter  or  repair  such  crossing  or 
approaches  within  thirty  days  after  such  notice,  then  said  public 
authorities  shall  forthwith  cause  such  construction,  alteration 
or  repairs  to  be  made. 

281.  Company  to  Pay  Expense,  and  $100.  g  11.  Said 
railroad  corporation  shall  be  holden  for  all  necessary  expenses 
incurred  in  making  such  construction,  alteration  and  repairs, 
and  in  addition  thereto  shall  be  liable  to  a  fine  of  $100  for  such 
neglect  to  comply  with  the  lequirements  of  this  act,  which  fine 
shall  be  enforced  by  the  said  public  authorities,  in  the  name  of 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


79) 


the  people  of  the  state  of  Illinois,  before  any  court  of  compe- 
tent  jurisdiction  in  the  county.  Such  fine,  when  collected,  to 
be  paid  into  the  treasury  of  the  authorities  enforcing  the 
fine. 

282.  Not  to  Obstruct  Highway — Stoning,  etc.,  Train* 
§  14.  No  railroad  corporation  shall  obstruct  any  public  high- 
way  by  stopping  any  train  upon,  or  by  leaving  any  car  or 
locomotive  engine  standing  on  its  track  where  the  same  inter¬ 
sects  or  crosses  such  public  highways,  except  for  the  purpose 
of  receiving  or  discharging  passengers  or  freight,  or  for  taking 
in  or  setting  out  cars,  or  to  receive  the  necessary  fuel  and 
water,  and  in  no  case  to  exceed  ten  minutes  for  each  train,  car 
or  locomotive  engine. 

Any  person  who  shall  throw  any  stone,  or  other  hard  sub- 
stance  at  any  railroad  car,  train  or  locomotive,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  theieof  shall  be 
fined  in  any  sum  not  more  than  $200,  and  shall  stand  committed 
to  the  county  jail  until  such  fine  and  costs  shall  be  paid. 

283.  Penalty,  g  15.  Every  engineer  or  conductor  vio¬ 
lating  the  provisions  of  the  preceding  section  shall,  for  each 
offense,  forfeit  the  sum  of  not  less  than  $10  nor  more  than 
$100,  to  be  recovered  in  an  action  of  debt,  in  the  name  of  the 
people  of  the  state  of  Illinois,  for  the  use  of  any  person  who 
may  sue  for  the  same,  and  the  corporation  on  whose  road  the 
offense  is  committed  shall  be  liable  for  the  like  sum. 

284  Speed  Through  Cities,  Etc. — Damages.  §  24. 
Whenever  any  railroad  corporation  shall  by  itself  or  agents*, 
run  any  train,  locomotive  engine,  or  car.  at  a  greater  rate  of 
speed  in  or  through  the  incorporated  limits  of  any  city,  town  or 
village,  than  is  permitted  by  any  ordinance  of  such  city,  town 
or  village,  such  corporation  shall  be  liable  to  the  person 
aggrieved  for  all  damages  done  the  person  or  property  by  such, 
train,  locomotive  engine  or  car;  and  the  same  shall  be  presumed 
to  have  been  done  by  the  negligence  of  said  corporation  or  their- 
agents;  and  in  addition  to  such  penalties  may  be  provided  by 
such  city,  town  or  village,  the  person  aggrieved  by  the  viola¬ 
tion  of  any  of  the  provisions  of  this  section,  shall  have  an 
action  against  such  corporation,  so  violating  any  of  the  pror 
visions  to  recover  a  penalty  of  not  less  than  one  hundred! 
dollars  ($100)  nor  more  than  two  hundred  dollars  ($200),  to  be- 
recovered  in  any  court  of  competent  jurisdiction;  said  action  to 
be  an  action  of  debt,  in  the  name  of  the  people  of  the  sta'e  of 
Illinois,  for  the  use  of  the  person  aggrieved;  but  the  court  or 
jury  trying  the  case  may  reduce  said  penalty  to  any  sum,  not. 
less,  however,  than  fifty  dollars  ($50),  where  the  offense  conx^ 


80 


STATUTES  RELATING  TO  THE  MUNICIPAL 


mitted  by  such  violation  may  appear  not  to  be  malicious  or  ; 
Willful:  Provided,  that  no  such  ordinance  shall  limit  the  rate 
of  speed,  incase  of  passenger  trains,  to  less  than  ten  miles  per 
hour,  nor  in  any  other  case  to  less  than  six  miles  per  hour. 

********* 

285.  Flagmen — Shelter.  §  35.  In  all  cases  where  the 
public  authorities  having  charge  of  any  street  over  which  there 
shall  be  a  railroad  crossing,  shall  notify  any  agent  of  the  cor¬ 
poration  owning,  using  or  operating  such  railroad,  that  a  flag¬ 
man  is  necessary  at  such  crossing,  it  shall  be  the  duty  of  such 
railroad  company,  within  sixty  days  thereafter,  to  place  and 
retain  a  flagman  at  such  crossing,  who  shall  perform  the  duties 
usually  required  of  flagmen;  and  such  flagman  is  hereby  em¬ 
powered  to  stop  any  and  all  persons  from  crossing  a  railroad 
track,  when,  in  his  opinion,  there  is  danger  from  approaching 
trains  or  locomotive  engines;  and  any  railroad  company  refus¬ 
ing  or  neglecting  to  place  flagmen,  as  required  by  this  section, 
shall  be  liable  to  a  fine  of  $100  per  day  for  every  day  they  shall 
neglect  or  refuse  to  do  so;  and  it  is  hereby  made  the  duty  of 
such  public  authorities  having  charge  of  such  street,  to  enforce  • 
the  payment  of  such  fine,  by  suit,  in  the  name  of  the  town  of 
municipal  corporation  wherein  such  crossing  shall  be  situate, 
before  any  court  of  competent  jurisdiction  in  the  county,  and 
the  prosecuting  attorney  shall  attend  to  the  prosecution  of  all 
suits  as  directed  by  said  public  authorities.  All  the  moneys 
collected  under  the  provisions  of  this  act  shall  be  paid  into  the 
treasury  of  the  town  or  municipal  corporation  in  whose  name 
such  suits  shall  have  been  brought:  Provided,  that  when  any 
railroad  company  is  required  to  keep  a  flagman  at  a  crossing,  it 
shall  have  the  right  to  erect  and  maintain  in  the  highway  or 
street  crossed  a  suitable  house  for  the  shelter  of  such  flagman, 
the  same  to  be  so  located  as  to  create  the  least  obstruction  to 
the  use  of  such  street  or  highway,  and  afford  the  best  view  of 
the  railroad  track  is  each  direction  from  such  crossing. 


REAL  AND  PERSONAL  ESTATE — CONVEYANCE  OF. 

Act  of  March  22,  1889. 

286.  City  Council  or  Board  of  Trustees  May  Pass  Ordi¬ 
nance  to  Sell  Peal  or  Personal  Estate  no  Longer  Necessary. 

§  1.  That  any  city  or  village  incorporated  under  any  general 
or  special  law  of  this  state,  which  shall  have  acquired  or 
hold  any  real  or  personal  estate  for  any  purpose  whatso- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


81 


ever,  is  hereby  authorized  and  empowered  by  ordinance 
passed  by  three-fourths  of  the  members  of  the  city  council 
of  any  such  city,  or  of  the  board  of  trustees  of  any  such 
village,  at  any  regular  or  at  any  special  meeting  called 
for  such  purpose,  to  sell  such  property  when  the  same 
shall,  in  the  opinion  of  such  majority  of  such  city  coun¬ 
cil  or  board  of  trustees,  be  no  longer  necessary,  appro* 
priate  or  required  for  the  use  of  such  city  or  village,  or  profita¬ 
ble  to,  or  its  longer  retention  be  for  the  best  interests  of,  such 
city  or  village. 

287.  What  Ordinance  Shall  Specify — Notice  of  Sale — 
Opening  of  Bids,  etc.  §  2  Such  ordinance  shall  specify  the 
location  of  such  real  or  personal  estate,  and  the  use  thereof,  of 
whatever  kind  the  same  may  be,  and  before  any  sale  shall  be 
made  under  or  by  virtue  of  any  such  ordinance,  by  the  city 
council  of  any  such  city,  or  the  board  of  trustees  of  any  such 
village,  such  ordinance  and  proposal  to  sell  shall  be  published 
in  one  of  its  daily  or  weekly  papers  for  a  period  of  not  less  than 
sixty  days,  and  if  no  paper  be  published  in  such  city  or  village, 
then  it  shall  be  published  in  some  paper  of  general  circulation 
in  this  state  nearest  to  such  city  or  village.  Such  notice  shall 
contain  an  accurate  description  of  such  property,  the  purpose 
for  which  it  is  used,  and  at  what  meeting  th3  bids  will  be  con¬ 
sidered  and  opened,  and  shall  advertise  for  sixty  days  for  bids 
therefor.  All  such  bids  shall  be  opened  only  at  a  regular 
meeting  of  such  city  council  or  board  of  trustees,  and  shall  be 
accepted  only  upon  a  vote  of  three-fourths' of  the  members  of 
such  city  council  or  board  of  trustees:  Provided,  however, 
that  the  city  council  or  board  of  trustees  may,  by  a  majority 
vote,  reject  any  and  all  bids. 

288.  By  Whom  and  When  Conveyance  to  Be  Made. 

§  3.  Upon  any  bid  having  been  accepted,  and  the  purchase 
price  duly  paid  or  secured,  the  mayor  and  city  clerk,  or  the  presi¬ 
dent  of  the  board  of  trustees  and  the  clerk  of  such  board,  shall 
have  the  power  to  convey  such  real  or  personal  estate,  and 
transfer  the  same  to  such  party  or  parties  whose  bids  have  been 
accepted,  by  proper  deed  or  deeds  of  conveyance,  stating  therein 
the  price  therefor,  with  the  seal  of  the  corporation. 


REGISTRATION  OF  ELECTORS. 

289.  An  Act  for  the  Registry  of  Electors  and  to  Prevent 

Fraudulent  Voting.  Approved  and  in  force  February  15, 
1865.  (See  Sec  135,  et  seq.,  ch.  46,  R.  S.  1899,  p.  755.) 


82 


STATUTES  RELATING  TO  THE  MUNICIPAL 


TO  REGULATE  THE  MANNER  OF  HOLDING  ELECTIONS. 

290.  An  Act  to  Provide  for  the  Printing  and  Distribu¬ 
tion  of  Ballots  at  Public  Expense,  and  for  the  Nomination  of 
Candidates  for  Public  Offices,  to  Regulate  the  Manner  of 
Holding  Elections,  and  to  Enforce  the  Secrecy  of  the  Ballot. 

In  force  July  1,  1891.  (See  Sec.  288,  et  seq.,  ch.  46,  R.  S.  1899, 

p.  802. 


REVENUE. 

An  Act  for  the  assessment  of  property  and  for  the  levy  and  col¬ 
lection  of  taxes.  (Approved  March  30,  1872.  In  force  July  1,  1872.) 

********* 

291.  Certificate  of  Rates.  §  122.  The  proper  authori¬ 
ties  of  towns,  townships,  districts,  and  incorporated  cities, 
towns  and  villages,  collecting  taxes  under  the  provisions  of 
this  act,  shall  annually,  on  or  before  the  second  Tuesday  in 
August,  certify  to  the  county  clerk  the  several  amounts  which 
they  severally  require  to  be  raised  by  taxation,  anything  in 
their  respective  charters,  or  in  acts  heretofore  passed  by  the 
general  assembly  of  this  state,  to  the  contrary  notwithstanding. 
(But  see  Sec.  Ill  Supra.) 

********* 

292.  The  following  sections  of  the  Revenue  act,  Chap.  120, 
are  applicable  to  collection  of  taxes  and  special  assessments, 
viz.:  129,  167,  169,  178,  180,  181,  182,  185,  188,  189,  190,  191, 
201,  202,  203,  210,  211,  227  and  229. 


SEWERAGE,  RESERVOIRS,  PUMPING  WORKS,  ETC. 

293.  An  Act  to  authorize  cities  of  100,000  population 
and  under  to  construct  outlet  sewers,  reservoirs,  pumping 
works  and  machinery,  and  maintain  and  keep  in  repair  the 
spine,  the  cost  thereof  to  be  defrayed  by  special  assessment, 
or  special  taxation,  and  if  the  assessment  is  paid  in 
installments,  to  issue  bonds  to  anticipate  the  deferred  in¬ 
stallments.  See  R.  S.  1899,  Chap.  24,  p.  383. 


SIDEWALKS. 

Act  of  April  15,  1875. 

294.  Sidewalks  by  Taxation.  §  1.  That  in  addition  to  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


83 


mode  now  authorized  by  law,  any  city  or  incorporated  town  or 
village  may,  by  ordinance,  provide  for  the  construction  of 
sidewalks  therein,  or  along  or  upon  any  street  or  part  of  street 
therein,  and  may  by  such  ordinance,  provide  for  the  payment 
of  the  whole  or  any  part  of  the  cost  thereof,  by  special  taxation 
of  the  lot,  lots  or  parcels  of  land  touching  upon  the  line  where 
any  such  sidewalk  shall  be  ordered,  and  such  special  taxation 
may  be  either  by  a  levy  upon  any  lot  of  the  whole,  or  any  part 
of  the  cost  of  making  any  such  sidewalk  in  front  of  such  lot  or 
parcel  of  land,  or  by  levying  the  whole  or  any  part  of  the  cost 
upon  each  of  the  lots  or  parcels  of  land  touching  upon  the  line 
of  such  sidewalk,  pro  rata  upon  each  of  said  lots  or  parcels, 
according  to  their  respective  values — the  values  to  be  deter¬ 
mined  by  the  last  preceding  assessment  thereof  for  the  pur¬ 
pose  of  state  and  county  taxation;  or  the  whole  or  any  part  of 
the  cost  thereof  may  be  levied  upon  such  lots  or  parcels  of 
land,  in  proportion  to  their  frontage  upon  such  sidewalks,  or  in 
proportion  to  their  superficial  area,  as  may  be  provided  by 
ordinance,  ordering  the  laying  down  of  such  sidewalk;  and  in 
case  such  ordinance  shall  only  require  the  payment  of  a  part 
of  the  cost  of  such  sidewalk  to  be  paid  by  a  special  tax  as 
aforesaid,  then  the  residue  of  such  cost  shall  be  paid  out 
of  any  fund  of  such  city,  town,  or  village,  raised  by  general 
taxation  upon  the  property  thereof,  and  not  otherwise  appro¬ 
priated.  , 

295.  What  Ordinance  May  Provide.  §  2.  Said  ordinance 
shall  define  the  location  of  such  proposed  sidewalk  with  reason¬ 
able  certainty,  shall  prescribe  its  width,  the  materials  of  which 
it  shall  be  constructed,  and  the  manner  of  its  construction,  and 
may  provide  that  the  materials  and  construction  shall  be  under 
the  supervision  of,  and  subject  to,  the  approval  of  some  officer 
or  board  of  officers  of  such  city,  town,  or  village,  to  be  desig¬ 
nated  in  such  ordinance.  Said  ordinance  shall  be  published  as 
required  by  law  for  other  ordinances  of  said  city,  town,  or 
village,  and  may  require  all  owners  of  lots  or  parcels  of  land 
touching  the  line  of  said  proposed  sidewalk,  to  construct  a 
sidewalk  in  front  of  their  respective  lots  or  parcels,  in  accord¬ 
ance  with  the  specifications  of  said  ordinance,  within  thirty 
days  after  such  publication,  and  in  default  thereof,  said 
materials  to  be  furnished  and  sidewalk  constructed  by  said  city, 
town,  or  village,  and  the  cost,  or  such  part  thereof  as  may  be 
fixed  in  said  ordinance,  may  be  collected  from  the  respective 
owners  of  said  lots  or  parcels  of  land  as  hereinafter  provided. 

296.  In  case  Owner  Neglects  to  Construct.  §  3.  Incase 
of  the  default  of  any  lot  owner  or  owners  to  construct  the  side- 


84 


STATUTES  RELATING  TO  THE  MUNICIPAL 


walks,  as  required  by  ordinance,  and  the  same  shall  be  con¬ 
structed  by  the  city,  town,  or  village,  the  cost  thereof,  or  such 
part  of  the  cost  thereof  as  may  have  been  fixed  by  said 
ordinance,  may  be  recovered  of  the  owners  so  in  default  by  an 
action  of  debt  in  the  name  of  the  city,  town  or  village,  against 
such  owners  respectively,  in  any  court  of  competent  jurisdic¬ 
tion,  or  upon  the  completion  of  the  work  by  such  city,  town  or 
village.  Such  ordinance  may  provide  that  a  bill  of  the  cost  of 
such  sidewalk,  showing  in  separate  items  the  cost  of  grading, 
materials,  laying  down,  and  supervision,  shall  be  filed  in  the 
office  of  the  clerk  of  such  city,  town  or  village,  certified  to  by 
the  officer  or  board  designated  by  said  ordinance  to  take  charge 
of  the  construction  of  said  sidewalk,  together  with  a  list  of  the 
lots  or  parcels  of  land  touching  upon  the  line  of  said  sidewalk, 
the  names  of  the  owners  thereof,  and  the  frontage,  superficial 
area,  or  assessed  value  as  aforesaid,  according  as  said  ordin¬ 
ance  may  provide  for  the  levy  of  said  costs  by  frontage, 
superficial  area,  or  assessed  value;  whereupon  said  clerk  shall 
proceed  to  prepare  a  special  tax  list  against  said  lots  or 
parcels,  and  the  owners  thereof,  ascertaining  by  computation 
the  amount  of  special  tax  to  be  charged  against  each  of  said 
lots  or  parcels  and  the  owners  thereof,  on  account  of  the  con¬ 
struction  of  said  sidewalk,  according  to  the  rule  fixed  for  the 
levy  of  such  special  tax  by  said  ordinance,  which  special  tax 
list  shall  be  filed  in  the  office  of  said  clerk;  and  said  clerk  shall 
thereupon  issue  warrants  directed  to  such  officer  as  may  be 
designated  in  such  ordinance,  for  the  collection  of  the  amount 
of  special  tax  so  ascertained  and  appearing  from  said  special 
tax  list  to  be  due  from  the  respective  owners  of  the  lots  or 
parcels  of  land  touching  upon  the  line  of  said  sidewalk;  and 
such  officer  shall  proceed  to  collect  such  warrants  in  the  same 
manner  as  constables  are  authorized  to  collect  executions,  and 
make  return  thereof,  trgether  with  the  moneys  collected,  to 
the  clerk  of  such  city,  town  or  village,  within  sixty  days  from 
the  date  of  their  issue;  and  in  case  any  such  warrant  shall  be 
returned,  as  to  the  whole  or  any  part  thereof,  “no  property 
found,"  other  warrants  may  issue,  and  proceedings  by  garnish¬ 
ment  may  be  resorted  to,  as  in  cases  of  garnishment  in  aid  of 
the  collection  of  judgments  at  law,  and  all  moneys  so  collected 
and  paid  over  to  said  clerk  shall  be,  by  him,  immediately  paid 
over  to  the  treasurer  of  said  city,  town  or  village. 

297.  Special  tax — Duty  of  Clerk — Report.  §  4.  Upon 
failure  to  collect  such  special  tax  as  heretofore  provided  in  this 
act,  it  shall  be  the  duty  of  said  clerk,  within  such  time  as  such 
ordinance  may  provide,  to  make  report  of  all  such  special  tax, 
in  writing,  to  such  general  officer  of  the  county  as  may  be 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


85 


authorized  by  law  to  apply  for  judgment  against,  and  sell  lands 
for  taxes  due  county  or  state,  of  all  the  lots  or  parcels  of  land 
upon  which  such  special  tax  shall  be  so  unpaid,  with  the  names 
of  the  respective  owners  thereof,  so  far  as  the  same  are  known 
to  said  clerk,  and  the  amount  due  and  unpaid  upon  each  tract, 
together  with  a  copy  of  the  ordinance  ordering  the  construction 
of  said  sidewalk,  which  report  shall  be  accompanied  by  the  oath 
of  the  clerk  that  Ihe  list  is  a  correct  return  of  the  lots  and  par¬ 
cels  of  land  on  which  the  special  tax  levied  by  authority  of  said 
city,  town,  or  village,  for  the  cost  or  partial  cost  (as  the  case 
may  be)  of  the  sidewalk  in  said  ordinance  specified,  remains 
due  and  unpaid,  and  that  the  amounts  therein  stated  as  due 
and  unpaid  have  not  been  collected,  nor  any  part  thereof.  Said 
reports,  when  so  made,  shall  be  prima  facie  evidence  that  all  the 
forms  and  requirements  of  the  law  in  relation  to  making  such 
return  have  been  complied  with,  and  that  the  special  tax,  as 
mentioned  in  said  report,  is  due  and  unpaid. 

298.  General  Officer  to  Obtain  Judgment — By  What 
Laws  Governed.  §  5.  When  said  general  officer  shall  receive 
the  aforesaid  report,  he  shall  at  once  proceed  to  obtain  judg¬ 
ment  against  said  lots  or  parcels  of  land  for  said  special  tax 
remaining  due  and  unpaid,  in  the  same  manner  as  may  be  pro¬ 
vided  by  law  for  obtaining  judgment  against  lands  for  taxes 
due  and  unpaid  to  the  county  and  state,  and  shall  in  the  same 
manner  proceed  to  sell  the  same  for  the  said  special  tax  due  and 
unpaid.  In  obtaining  said  judgment  and  making  said  sale,  the 
said  officer  shall  be  governed  by  the  general  revenue  laws  of  the 
state,  except  when  otherwise  provided  herein,  and  said  general 
laws  shall  also  be  applicable  to  the  execution  of  certificates  of 
sale,  and  deeds  thereon,  and  the  force  and  effect  of  such  sales 
and  deeds;  and  all  other  laws  in  relation  to  the  enforcement  and 
collection  of  taxes,  and  redemption  from  tax  sales,  shall  be 
applicable  to  proceedings  to  collect  such  special  tax,  except  as 
herein  otherwise  provided. 

299.  When  Constructed  by  Owner  May  Obtain  Order. 

§  6.  Whenever  payment  of  the  costs  of  any  such  side¬ 
walk  is  required  to  be  made  in  part  by  special  tax,  and  in  part 
out  of  any  general  fund  of  such  city,  town  or  village,  and  the 
owner  of  any  such  lot  or  parcel  of  land  shall  construct  such 
sidewalk  in  accordance  with  the  ordinance  providing  for  its  con¬ 
struction,  such  owner  shall  file  with  the  clerk  of  such  city, town 
or  village,  an  itemized  statement  of  the  cost  of  such  sidewalk  so 
constructed,  by  him  verified  by  affidavit,  together  with  a  certifi¬ 
cate  of  the  officer  or  board  directed  by  such  ordinance  to  super¬ 
intend  the  construction  thereof,  that  such  sidewalk  has  been 
constructed  and  fully  completed  by  such  owner  in  accordance 


86 


STATUTES  RELATING  TO  THE  MUNICIPAL 


with  such  ordinance,  and  the  council  of  such  city,  town  or 
village  shall  thereupon,  at  its  first  meeting  thereafter,  allow  and 
order  to  be  issued  to  such  owner,  an  order  on  the  treasurer  of 
such  city,  town  or  village,  for  the  cost  of  the  construction  of 
such  sidewalk,  less  the  amount  of  special  tax  chargeable  to  the 
lot  or  parcel  of  land  of  such  owner  on  the  line  of  which  such 
sidewalk  has  been  so  constructed. 


STEAM  BOILER  EXPLOSIONS. 

Act  of  June  3, 1889. 

300.  Persons  in  Charge  of  Steam  Boilers — License — 
Penalty.  §  1.  That  the  city  council  in  cities,  and  the  president 
and  board  of  trustees  in  towns  and  villages,  shall  have  power 
to  adopt  ordinances  within  their  respective  limits,  to  provide  for 
the  examination,  licensing  and  regulation  of  persons  having 
charge  of  steam  boilers  under  steam  pressure,  exhausting 
through  an  engine,  to  fix  the  amount,  terms  and  manner  of 
issuing  and  revoking  licenses  to  such  persons;  to  provide  that 
it  shall  not  be  lawful  for  any  person  to  exercise,  within  the 
limits  of  the  respective  cities,  towns  and  villages  which  may 
adopt  such  ordinances,  the  business  of  operating  steam  boilers, 
under  steam  pressure,  exhausting  through  an  engine,  without 
a  license;  and  to  provide  that  any  person  violating  the  provisions 
of  such  ordinances  shall  be  liable  to  a  penalty  for  each  breach 
thereof. 

301.  Board  to  Examine— License,  etc.  §  2.  To  require 
that  all  persons  engaged  in  such  occupation  within  the  jurisdic¬ 
tion  of  such  towns,  cities  and  villages,  so  adopting  such  ordin¬ 
ances,  shall  submit  to  an  examination  by  a  competent  board  of 
examiners  to  be  appointed  by  such  councils  and  boards  of 
trustees,  touching  their  competency  and  qualifications  in  regard 
to  such  vocations,  with  power  to  such  board  of  examiners  to 
license  such  persons  as  may  be  found  capable  and  trustworthy 
in  that  behalf. 


STREET  RAILROADS. 

Act  March  7,  1899. 

302.  Eminent  Domain.  §  1.  That  any  company  which  has 
been  or  shall  be  incorporated  under  the  general  laws  of  this  state, 
for  the  purpose  of  constructing,  maintaining  or  operating  any 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


87 


horse,  dummy  or  street  railroad  or  tramway,  may  enter  upon  and 
appropriate  any  property  necessary  for  the  construction,  main¬ 
tenance  and  operation  of  its  road,  and  all  necessary  siding,  side 
tracks  and  appurtenances, and  may,  subject  to  the  provisions  con¬ 
tained  in  this  act,  locate  and  construct  its  road  upon  and  over  any 
street,  alley,  road  or  highway,  or  across  or  over  any  waters  in  this 
state,  in  such  manner  as  not  to  unnecessarily  obstruct  the 
public  use  of  such  street,  alley,  road  or  highway,  or  interrupt  ' 
the  navigation  of  such  waters:  Provided,  every  such  street 
railway  may  be  operated  by  animal,  cable,  electric  or  any  other 
motive  power  that  may  have  been  or  shall  hereafter  be  granted 
to  it  by  the  proper  public  officers  or  authorities,  except  steam 
locomotive  engines. 

303.  Compensation  for  Property  Taken  or  Damaged. 

§  2.  When  it  is  necessary  for  the  construction,  maintenance  or 
operation  of  such  road,  or  the  necessary  sidings,  side  tracks  or 
appurtenances,  to  take  or  damage  private  property,  the  same 
may  be  done,  and  the  compensation  therefor  may  be  ascertained 
and  made  in  the  manner  which  may  be  then  provided  by  law  for 
the  exercise  of  the  right  of  eminent  domain. 

304.  Location  of  Road — Consent — Notice — Damage.  §  3. 
No  such  company  shall  have  the  right  to  locate  or  construct  its 
road  upon  or  along  any  street  or  alley,  or  over  any  public  ground 
in  any  incorporated  city,  town  or  village,  without  the  consent  of 
the  corporate  authorities  of  such  city,  town  or  village  nor  upon 
or  along  any  road  or  highway,  or  upon  any  public  ground  with¬ 
out  any  incorporated  city,  town  or  village,  except  upon  the  con¬ 
sent  of  the  county  board.  Such  consent  may  be  granted  for 
any  period,  not  longer  than  twenty  years,  on  the  petition  of  the 
company,  upon  such  terms  and  conditions,  not  inconsistent  with 
the  provisions  of  this  act,  as  such  corporate  authorities  or 
county  board,  as  the  case  may  be,  shall  deem  for  the  best  inter¬ 
ests  of  the  public:  Provided,  no  such  consent  shall  be  granted 
unless  at  least  ten  days’  public  notice  of  the  time  and  place  of 
presenting  such  petition  shall  have  first  been  given  by  publica¬ 
tion  in  some  newspaper  published  in  the  city  or  county  where 
such  road  is  to  be  constructed,  and  except  upon  the  condition 
that  the  company  will  pay  all  damages  to  owners  of  property 
abutting  upon  the  street,  alley,  road,  highway  or  public  ground 
upon  or  over  which  such  road  is  to  be  constructed,  which  they 
may  sustain  by  reason  of  the  location  or  construction  of  the 
road;  the  same  to  be  ascertained  and  paid  in  the  manner  pro¬ 
vided  by  law  for  the  exercise  of  the  right  of  eminent  domain. 

305.  Control  of  Streets  Reserved— Police  Power.  §  4. 

Every  grant  to  any  such  company  of  a  right  to  use  any  street, 
alley,  road,  highway  or  public  ground  shall  be  subject  to  the 


88 


STATUTES  RELATING  TO  THE  MUNICIPAL 


right  of  the  proper  authorities  to  control  the  use,  improvement 
and  repair  of  such  street,  alley,  road,  highway  or  public  ground, 
to  the  same  extent  as  if  no  such  grant  had  been  made,  and  to 
make  all  necessary  police  regulations  concerning  the  manage¬ 
ment  and  operation  of  such  railroad,  wdiether  such  right  is 
reserved  in  the  grant  or  not. 

806.  Repeal.  §  5.  That  an  act  entitled,  “An  act  in  regard 
to  horse  and  dummy  railroads,”  approved  March  19,  1874,  and 
in  force  July  1,  1874;  an  act  entitled,  “An  act  to  amend  the  title 
and  Sections  one  (1)  and  three  (3)  of  an  act  entitled,  ‘An  act  in 
regard  to  horse  and  dummy  railroads,’  ”  approved  June  9,  1897, 
and  in  force  July  1,  1897,  and  all  acts  or  parts  of  acts  inconsist¬ 
ent  herewith  are  hereby  repealed. 


STREETS — VACATION  OF. 

Act  of  March  24, 1874. 

307.  Three-fourths  Vote  Required — Damages.  §  1. 

That  no  city  council  of  any  city,  or  boar  el  of  trustees 
of  any  village  or  towrn,  whether  incorporated  by  special 
act  or  under  any  general  law,  shall  have  power  to  vacate 
or  close  any  street  or  alley,  or  any  portion  of  the  same,  except 
upon  a  three-fourths  majority  of  all  the  aldermen  of  the  city  or 
trustees  of  the  village  or  town  authorized  by  law  to  be  elected; 
such  vote  to  be  taken  by  ayes  and  noes,  and  entered  on  the 
records  of  the  council  or  board.  And  when  property  is  dam¬ 
aged  by  the  vacation  or  closing  of  any  street  or  alley,  the  same 
shall  be  ascertained  and  paid  as  provided  by  law. 

308.  Rights  of  Adjoining  Owners.  §  2.  When  any 
street,  alley,  lane  or  highway,  or  any  part  thereof,  has  been  or 
shall  be  vacated  under  or  by  virtue  of  any  act  of  this  state  or  by 
order  of  the  city  council  of  any  city  or  trustees  of  any  village  or 
town,  or  by  the  commissioners  of  highways,  county  board,  or 
other  authority  authorized  to  vacate  the  same,  the  lot  or  tract 
of  land  immediately  adjoining  on  either  side  shall  extend  to  the 
central  line  of  such  street,  alley,  lane  or  highway  or  part 
thereof  so  vacated,  unless  otherwise  specially  provided  in  the 
act,  ordinance  or  order  vacating  the  same,  unless,  in  consequence 
of  more  of  the  land  for  such  street,  alley,  lane  or  higlrway  hav¬ 
ing  been  contributed  from  the  land  on  one  side  thereof  than  the 
other,  such  division  is  inequitable,  in  which  case  the  street, 
alley,  lane  or  highway  so  vacated  shall  be  divided  according  to 
the  equities  of  the  adjoining  owners. 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


89 


TAXES — REBATE  AND  REDUCTION. 

Act  of  January  18,  1872. 

309.  Rebate  When  Property  Destroyed.  §  1.  That 
whenever,  in  any  incorporated  city  or  town  in  this  state,  any 
property  listed  or  assessed  for  municipal  taxation,  shall  have 
been  or  shall  hereafter  be  destroyed  by  lire,  in  whole  or  in  part, 
before  the  levy  of  the  municipal  taxes  of  such  city  thereon,  or 
before  the  municipal  taxes  levied  thereon  shall  have  been  col¬ 
lected,  it  shall  and  may  be  lawful  for  the  mayor  of  such  city  or 
town — if  there  be  no  mayor,  then  the  president  of  the  board  of 
trustees,  the  city  comptroller,  if  there  should  be  one;  and  if 
not,  then  the  city  clerk  or  town  clerk,  and  the  tax  commissioner, 
if  there  should  be  one;  if  not,  then  the  chairman  of  the  finance 
committee  of  the  city  council,  or  board  of  trustees — to  rebate 
or  remit  so  much  of  such  tax  or  taxes,  so  levied  upon  such 
property,  as  in  their  opinion  should  be  rebated  or  remitted  by 
reason  of  such  property  having  been,  in  wThole  or  in  part, 
destroyed  by  fire. 

310.  Reduce  or  Release  Tax  or  Assessment.  §  2.  That 
whenever,  in  any  incorporated  city  or  town  in  this  state,  any 
large  portion  of  the  taxable  property  of  such  city  shall  have 
been  or  shall  hereafter  be  destroyed  by  fire,  so  as  to  seriously 
impair  or  affect  the  ability  of  the  property  owners  of  such  city 
or  town  to  pay  taxes  or  special  assessments  thereon,  and  an 
appropriation  bill  has  been  made  or  passed,  or  special  improve¬ 
ments  ordered  before  such  fire,  and  the  tax  or  assessment  for 
the  payment  or  raising  of  the  same  has  not  been  levied  or  col¬ 
lected,  it  may  be  lawful  for  the  city  council  or  board  of  trustees 
of  any  such  town  to  alter,  revise,  change,  reduce  or  vacate,  or 
repeal  such  appropriation  bill,  or  any  part  of  the  same,  and  to 
order  the  discontinuance  of  said  special  improvements,  or  any 
of  the  same,  or  to  reduce  the  amount  of  taxes  or  special  assess¬ 
ments  ordered  to  be  levied,  or  assessed,  or  collected  for  any 
general  or  special  purpose,  and  to  pass  a  new  appropriation  bill; 
which  new  appropriation  bill  shall  have  the  same  force  and 
effect  as  if  the  same  had  been  passed  within  the  time  prescribed 
by  the  charter  of  any  such  city  or  such  corporate  town. 


TAXES — SEWERAGE,  WATER  AND  LIGHT. 

Act  June  21,  1883. 

311.  Sewerage  Fund  Tax.  g  1.  That  the  legislative 
authority  of  any  city  which  now  has,  or  may  hereafter  have, 


90 


STATUTES  RELATING  TO  THE  MUNICIPAL 


established  a  system  of  sewerage  for  such  city,  shall  have  power 
annually  to  levy  and  collect  a  tax  upon  the  taxable  real  and  per¬ 
sonal  estate  of  such  city,  not  to  exceed  one  mill  on  the  dollar, 
for  the  extension  and  laying  of  sewers  therein,  and  the  main¬ 
tenance  of  such  sewers,  which  tax  shall  be  known  as  “The 
Sewerage  Fund  Tax,  ”  and  shall  be  levied  and  collected  in  the 
same  manner  that  other  general  taxes  of  any  such  city  are 
levied  and  collected:  Provided,  however,  that  the  board  of 
public  works  of  such  city,  if  any,  or  the  head  of  the  sewer  de¬ 
partment,  of  such  city,  shall  first  certify  to  such  legislative 
authority  the  amount  that  will  be  necessary  for  such  purpose: 
Provided,  further,  that  a  two-thirds  majority  of  all  the  mem¬ 
bers  elect  of  the  legislative  authority  of  such  city  may  levy  a 
tax  for  such  purposes  not  to  exceed  three  mills  on  each  dollar  of 
the  taxable  property  of  such  city:  And,  provided,  such  “sew¬ 
erage  fund  tax”  shall  not  be  included,  prior  to  the  year  1891,  in 
the  aggregate  amount  of  taxes  as  limited  by  Section  one  (1)  of 
Article  eight  (8)  of  “An  act  for  the  incorporation  of  cities  and 
villages,”  approved  April  10,  1872. 

312.  Sewerage  Fund  and  Light  Tax.  g  2.  The  legisla¬ 
tive  authority  of  any  city  which  now  lias,  or  which  may  "here¬ 
after  have  established  or  hired  water  works,  for  the  supply  of 
water  to  the  inhabitants  thereof,  shall  have  power  to  annually 
levy  and  collect  a  tax  upqp  the  taxable  real  and  personal  estate 
of  any  such  city,  whether  organized  under  a  special  charter  or 
the  general  law,  not  to  exceed  one  mill  on  the  dollar,  for  the  ex¬ 
tension  of  water  mains  or  pipes  therein,  and  the  maintenance  of 
such  water  works,  or  to  the  creation  of  a  sinking  fund  to  be  ap¬ 
plied  to  the  establishment  of  water  works,  which  tax  sLl-l.11  be 
known  as  the  “Water  Fund  Tax,”  and  shall  be  levied  and  col¬ 
lected  in  the  same  manner  that  other  general  taxes  of  any  such 
city  are  levied  and  collected:  Provided,  that  the  board  of  pub¬ 
lic  works  of  such  city,  if  any,  or  the  head  of  the  water  depart¬ 
ment  of  such  city,  shall  first  certify  to  such  legislative  authority, 
the  amount  that  will  be  necessary  for  such  purposes,  and-shall 
further  certify  that  the  revenue  or  income  from  such  water 
works  will  be  insufficient  therefor:  Provided,  further,  that 
two-thirds  majority  of  all  the  members  elect  of  the  legislative 
authority  of  such  city  may  levy  a  tax  for  such  purposes,  not  to 
exceed  three  mills  on  each  dollar  of  the  taxable  property  of  such 
city:  And,  provided,  further,  that  the  legislative  authority  of 
each  of  the  cities,  villages  and  incorporated  towns  in  this  state, 
with  the  concurrence  of  two-thirds  of  the  members  thereof, 
shall  be  authorized  to  levy,  and  collect  annually,  upon  the  taxable 
property  within  its  limits,  in  addition  to  all  other  taxes  now 
authorized  by  law,  a  tax  of  not  exceeding  three  mills  on  the 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


91 


dollar  of  such  taxable  property  to  be  used  exclusively  for  the 
purpose  of  lighting  streets,  and  a  further  tax  of  not  exceeding 
two  mills  on  the  dollar  of  such  taxable  property,  to  be  used  ex¬ 
clusively  for  the  purpose  of  supplying  water  to  such  city, 
village  or  incorporated  town:  Provided,  also,  that  nothing  in 
this  act  shall  be  so  construed  as  to  increase  the  amount  of  aggre¬ 
gate  taxes  that  may  be  levied  in  any  one  year  by  any  city  or 
village  as  provided  in  Section  one  (1)  of  Article  eight  (8)  of  an 
act  entitled,  “An  act  to  provide  for  the  incorporation  of  cities 
and  villages,”  approved  April  10,  1872. 

313.  Repeal.  §  3.  An  act  entitled  “An  act  in  relation  to 
the  levy  and  collection  of  taxes  for  sewerage  and  water  works 
in  the  cities  of  this  state,  that  may  have  established  a  system  of 
sewerage  and  water  works  for  such  city,  ”  approved  and  in  force 
April  22,  1871,  is  hereby  repealed. 


taxes. 

Act  of  April  24,  1899,  authorizing  levy  of  to  pay  for  public  buildings- 

injured  or  destroyed,  etc. 

314.  What  Cities  to  Have  Power  to  Rebuild  or  Restore 
Such  Building — Restoration  Tax.  §  1.  That  the  city  council 
in  any  city  whether  organized  under  general  law  or  special 
charter,  in  which  the  city  hall,  city  jail  or  police  station,  fire  de¬ 
partment  house  or  houses,  or  public  library,  or  all  of  them, 
have  been  destroyed  or  seriously  impaired  by  cyclone  or  tornado 
since  Jan.  1,  1896,  or  shall  hereafter  be  so  seriously  impaired  or 
destroyed,  shall  have  power,  in  order  to  rebuild  or  restore  any 
such  building  or  all  of  them,  thus  seriously  impaired  or 
destroyed,  to  levy  an  annual  tax  for  not  exceeding  ten  successive 
years  of  not  exceeding  five  mills  on  the  dollar  on  all  the  taxable 
property  in  any  such  city,  such  tax  to  be  levied  and  collected  in 
like  manner  with  the  general  taxes  of  said  city  and  to  be  known 
as  the  public  building,  re-building  or  restoration  fund:  Pro¬ 
vided,  that  said  annual  public  building,  re-building  or  restora¬ 
tion  tax  shall  not  be  included  in  the  aggregate  amount  of  taxes 
as  limited  by  Section  one  (1)  of  Article  eight  (8)  of  “An  act  for 
the  incorporation  of  cities  and  villages,”  approved  April  10, 
1872,  and  the  amendatory  acts  thereto,  or  by  any  provision  of 
any  special  charter  under  which  any  such  city  in  this  state  is 
now  organized . 

315.  How  Restoration  Tax  to  be  Levied.  §  2.  When  any 
such  city,  as  designated  in  Section  one  (1)  of  this  act,  shall 
decide  to  rebuild  or  restore  any  such  building,  or  all  of  them,  in 


92 


STATUTES  RELATING  TO  THE  MUNICIPAL 


consequence  of  their  destruction  or  serious  impairment  by 
cyclone  or  tornado  it  shall  do  so  by  ordinance  of  its  city  council, 
in  which  ordinance  it  shall  be  also  stated  the  number  of  years, 
not  exceeding  ten,  such  annual  public  building,  rebuilding  or 
restoration  tax  shall  be  levied,  and  the  number  of  mills,  not  ex¬ 
ceeding  live,  on  the  dollar  of  said  taxable  property.  Said  tax 
shall  be  included  in  the  annual  appropriation  and  tax  levy  ordin¬ 
ances  of  any  such  city  for  the  years  that  it  can  be  levied  under 
the  provisions  of  this  act:  Provided,  that  if  any  city  has 
already  taken  steps  or  action  to  rebuild  or  restore  any  of  its  city 
buildings  seriously  impaired  or  destroyed  by  cyclone  or  tornado, 
as  aforesaid,  it  shall  be  no  bar  or  hindrance  to  its  availing  itself 
of  the  benefits  of  this  act,  but  may  modify  such  steps  or  actions 
to  a  substantial  compliance  with  the  requirements  hereof. 

316.  Restoration  Tax  to  be  Deposited  in  the  City  Treas¬ 
ury — How  Paid  Out.  §  3.  All  moneys  received  as  proceeds 
from  said  public  building,  rebuilding  or  restoration  fund  tax 
shall  be  deposited  in  the  city  treasury  of  any  such  city  to  the 
credit  of  said  fund,  shall  be  kept  separate  and  apart  from  other 
moneys  of  such  city,  and  shall  not  be  used  or  paid  out  for  any 
other  purpose  whatsoever  than  that  of  paying  the  cost  of  or 
obligations  for  rebuilding  or  restoring  public  buildings  seriously 
impaired  or  destroyed  by  cyclone  or  tornado  in  such  city,  as 
aforesaid,  until  all  of  said  cost  or  obligations  shall  have  been  dis¬ 
charged:  Provided,  that  if  said  moneys  can  not  be  used 

annually  to  pay  said  costs  or  obligations,  but  shall  accumulate, 
the  city  council  may  invest  said  moneys  as  they  shall  come  into 
the  treasury,  in  good  interest-paying  securities,  there  to  remain 
until  the  same  are  needed  for  the  payment  of  the  cost  of  or  obli¬ 
gations  for  the  rebuilding  or  restoration  of  public  buildings  in 
said  city  under  the  provisions  and  authority  of  this  act. 


TELEGRAPH  COMPANIES. 

Act  of  March  24, 1874. 

317.  Consent  Necessary  to  Erect  Poles,  etc.,  on  Roads,. 
Streets,  etc. — Record — Alteration.  §  4.  No  such  company 
shall  have  the  right  to  erect  any  poles,  posts,  piers,  abutments, 
wires,  or  other  fixtures  of  their  lines  along  or  upon  any  road, 
highway  or  public  ground,  outside  of  the  corporate  limits  of  a 
city,  town  or  village,  without  the  consent  of  the  county  board  of 
the  county  in  which  such  road,  higlrway,  or  public  ground  is 
situated,  nor  upon  any  street,  alley  or  other  highway  or  public 
ground,  within  any  incorporated  city,  town  or  village,  without 


\ 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


93 


the  consent  of  the  corporate  authorities  of  such  city,  town  or 
village.  The  consent  herein  required  must  be  in  writing,  and 
shall  be  recorded  in  the  recorder’s  office  of  the  county.  And 
such  county  board,  or  the  city  council,  or  board  of  trustees  of 
such  city,  town  or  village,  as  the  case  may  be,  shall  have  power 
to  direct  any  alteration  in  the  location  or  erection  of  any  such 
poles,  posts,  piers  or  abutments,  and  also  in  the  height  of  the 
wires,  having  first  given  the  company  or  its  agent  opportunity 
to  be  heard  in  regard  to  such  alteration. 


TERRITORY — ANNEXING  AND  EXCLUDING. 

Act  of  April  10,  1872. 

318.  Petition  to  be  Annexed — Annexing.  §  1.  That  on 
petition,  in  writing,  signed  by  not  less  than  three  fourths  of  the 
legal  voters,  and  by  the  owners  of  not  less  than  three-fourths 
(in  value)  of  the  property  in  any  territory  contiguous  to  any 
city  or  incorporated  village  or  town,  and  not  embraced  within 
its  limits,  the  city  council  or  board  of  trustees  of  said  city, 
vil'age  or  town  (as  the  case  may  be)  may,  by  ordinance,  annex 
such  territory  to  such  city,  village  or  town,  upon  tiling  a  copy 
of  such  ordinance,  with  an  accurate  map  of  the  territory  an¬ 
nexed  (duly  certified  by  the  mayor  of  the  city  or  president  of 
the  board  of  trustees  of  the  village  or  town),  in  the  office  of  the 
recorder  of  deeds  in  the  county  where  the  annexed  territory  is 
situated,  and  having  the  same  recorded  therein:  Provided, 
that  no  portion,  less  than  the  whole  of  an  incorporated  city, 
town  or  village  shall  be  annexed  to  another  incorporated  city, 
town  or  village  except  in  the  mode  provided  in  this  act  for  the 
annexation  of  the  whole  of  an  incorporated  city,  town  or  vil¬ 
lage,  to  another  city,  town  or  village. 

319.  Annexing  One  Corporation  to  Another.  §  2.  Any 

incorporated  city,  village  or  town  may  be  annexed  to  another 
incorporated  city,  village  or  town,  by  ordinance  passed  by  a 
two-thirds  vote  of  all  the  aldermen  or  trustees  elect  of  each 
corporation  desiring  annexation:  Provided,  such  annexation 
shall  not  affect  or  impair  any  rights  or  liabilities  either  in  favor 
of  or  against  such  corporations;  and  suits  founded  upon  such 
rights  and  liabilities  may  be  commenced,  and  pending  suits  may 
be  prosecuted  and  carried  to  final  judgments  and  executions, the 
same  as  if  such  annexation  had  not  taken  place.  In  making 
such  annexation,  the  corporations  so  uniting  may,  by  ordinance, 
fix  the  terms  of  the  annexation,  which  shall  have  the  force  and 
effect  of  a  binding  contract:  Provided,  however,  that  no  such 


94 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ordinance  shall  be  of  any  binding  force  or  effect  until  submitted 
to  a  vote  of  the  legal  voters  of  such  city,  town  or  village,  at  a 
general  election  thereof,  and  adopted  by  a  majority  of  all  the 
voters  voting  thereon  at  such  election,  notice  of  which  shall  be 
given  at  the  same  time  and  in  the  same  manner  as  required  for 
the  election  of  the  officers  of  such  city,  town  or  village:  And, 
provided,  also,  that  the  vote  shall  be  by  ballot,  which  shall  be 
“for  union  ordinance,”  or  “against  union  ordinance,’'  and  shall 
be  received,  canvassed  and  returned  the  same  as  ballots  for 
municipal  officers  of  such  city,  town  or  village. 

320.  Proceedings  by  Corporation  to  Annex  Territory. 

§  3.  When  any  incorporated  city,  village  or  town  shall  desire 
to  annex  any  contiguous  territory  thereto,  and  the  same  shall 
not  have  been  petitioned  for  as  provided  in  Section  one  of  this 
article,  it  shall  be  lawful  for  the  city  council  or  board  of  trustees 
of  such  city,  village  or  town  by  a  two-thirds  vote  of  all  the 
aldermen  or  trustees  elect,  by  ordinance  or  resolution,  to  auth¬ 
orize  the  mayor  of  such  city  or  the  president  of  the  board  of 
trustees  of  such  village  or  town,  to  petition  the  circuit  court  of 
the  county  in  which  the  territory  desired  to  be  annexed  or  a 
major  part  thereof  is  situated,  praying  such  annexation  to  be 
made.  The  petition  shall  contain  a  copy  of  such  ordinance  or 
resolution,  and  an  accurate  map  of  the  territory  which  it  is  de¬ 
sired  to  annex,  showing  all  such  subdivisions  that  shall  have 
been  made  therein.  Such  petition  shall  be  filed  with  the  clerk 
of  the  court  at  least  ten  days  before  the  first  day  of  the  term 
at  which  it  is  proposed  to  be  heard:  Provided,  that  nothing  in 
this  section  contained  shall  authorize  said  petition  to  be  filed 
unless  the  territory  so  sought  to  be  annexed  (except  territory 
intervening  between  a  city  and  town,  or  two  or  more  cities  or 
towns,  desiring  to  become  united  under  this  act),  shall  contain 
an  actual  resident  population  of  at  least  one  hundred  and  fifteen 
inhabitants  to  each  section  or  fractional  part  of  a  section  so 
sought  to  be  annexed — which  said  fact  shall  be  alleged  in  said 
petition,  and  proved  on  the  hearing  thereof,  the  same  as  any 
other  allegation  in  said  petition 

321.  Notice  of  Proceedings.  §  4.  When  it  shall  be  de¬ 
termined  to  present  such  petition,  the  mayor  or  president  of 
the  board  of  trustees  (as  the  case  may  be)  shall  cause  notice  of 
the  time  and  place  where  and  when  the  petition  will  be  or  has 
been  filed,  and  at  what  term  of  court  the  hearing  thereof  will  be 
had,  and  setting  forth  the  boundaries  or  a  general  description 
of  the  territory  proposed  to  be  annexed — to  be  given  by  publi¬ 
cation  at  least  once  in  each  week,  for  two  successive  weeks,  in 
some  newspaper  published  in  the  county  where  the  petition  is 
filed  or  to  be  filed  (or  if  no  newspaper  is  published  in  such 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


95 


county,  then  in  ihe  nearest  newspaper  published  in  this  state), 
and  by  posting  up  notices  at  least  fourteen  days  before  such 
time  of  hearing,  in  at  least  three  of  the  most  public  places  in 
the  territory  proposed  to  be  annexed,  and  a  like  number  in  the 
city,  village  or  town  to  which  it  is  desired  to  annex  such 
territory. 

322.  Objections  to  Annexation — Trial.  §  5.  The  legal 
voters  resident  upon  the  territory  thus  proposed  to  be  annexed, 
or  any  of  them,  or  any  owner  of  land  therein,  or  any  voter  of 
such  city,  village  or  town,  may  appear  at  such  hearing  and  show 
cause  why  such  annexation  should  not  be  made;  and  the  court, 
or  a  jury  impaneled  for  that  purpose  (no  member  of  the  jury 
so  impaneled  shall  be  a  resident  of  the  corporation  or  territory 
to  be  annexed,  nor  of  the  town  nor  towns  in  which  said  corpor¬ 
ation  or  territory  may  be  situated),  shall  hear  all  competent 
evidence  that  may  be  offered  by  either  party;  and  the  court 
may  continue  the  hearing  from  time  to  time,  for  any  cause,  and 
make  all  proper  orders  in  regard  to  the  hearing,  giving  of 
notices  and  other  disposition  of  the  case. 

323.  Finding — Costs,  etc.  §  6.  If,  upon  the  hearing,  the 
court  or  the  jury  shall  find  that  such  territory  ought  to  be  an¬ 
nexed  to  such  city,  village  or  town,  and  can  be  so  done  without 
injustice  to  the  inhabitants  or  persons  interested,  the  court 
shall  so  order.  If  the  court  or  jury  shall  find  against  the  peti¬ 
tioners,  the  petition  shall  be  dismissed  at  the  cost  of  the 
petitioners;  and  no  subsequent  petition  shall  be  presented  for 
the  annexation  of  any  of  the  territory  embraced  in  such  petition, 
within  one  year  from  the  time  of  entering  such  order:  Pro¬ 
vided,  that  new  trials  may  be  granted  as  in  other  jury  cases. 

324.  Proceedings  by  Owner  to  be  Annexed.  §  7.  When 
not  less  than  a  majority  in  number  of  the  legal  voters  or  the 
owner  or  owners  of  any  tract  or  tracts  of  land,  contiguous  to 
any  incorporated  city,  village  or  town,  shall,  by  petition,  in 
writing,  signed  by  them,  and  filed  in  the  circuit  court  of  the 
county  where  such  territory  or  a  major  part  thereof  is  situated, 
pray  to  be  annexed  to  such  city,  village  or  town,  the  like  pro¬ 
ceedings  may  be  had  thereon,  and  with  the  like  effect,  as  in  case 
of  a  petition  by  a  city,  village  or  town:  Provided,  a  copy  of 
the  notice  required  to  be  given  shall  be  left  wfith  the  mayor  of 
such  city,  or  president  of  such  village  or  town,  at  least  ten  days 
before  such  petition  is  heard. 

325.  Proceedings  to  Disconnect.  §  8.  Whenever  a  ma¬ 
jority  of  the  legal  voters  of  any  territory  within  any  city,  town 
or  village,  and  being  upon  the  border  and  within  the  boundary 
thereof,  shall  petition  the  circuit  court  of  the  county  in  which 


96 


STATUTES  RELATING  TO  THE  MUNICIPAL 


such  city,  town  or  village  is  situated,  praying  to  be  disconnected 
therefrom,  such  petition  shall  be  tiled  with  the  clerk  of  the 
court  at  least  ten  days  before  the  first  day  of  the  term  at  which 
it  is  proposed  to  be  heard,  and  like  proceedings  shall  be  had  as 
is  required  by  Sections  four,  five  and  six  of  ihe  act  for  the  an¬ 
nexation  of  territory  to  such  city,  town  or  village:  Provided, 
that  the  provisions  of  this  section  shall  only  apply  to  lands  not 
laid  out  into  city  or  town  lots  or  blocks. 

326  Map  and  Ordinance  Recorded.  §  9.  When  any  ter¬ 
ritory  is  annexed  to  any  city,  village  or  town,  as  provided  in 
this  act,  it  shall  be  the  duty  of  the  mayor  of  the  city,  or  the 
president  of  the  board  of  trustees  of  the  village  or  town  (as  the 
case  may  be)  to  cause  an  accurate  map  of  such  added  territory, 
together  with  the  ordinance  for  the  annexation,  certified  by 
such  mayor,  and  if  a  decree  or  order  of  the  court  has  been  made 
therefor,  a  copy  of  the  same,  to  be  filed  for  record  and  recorded 
in  the  recorder's  office  for  the  county  in  which  such  added  ter¬ 
ritory  is  situated.  If  territory  is  disconnected  or  excluded 
from  any  city,  village  or  town,  a  copy  of  the  ordinance  or  decree 
therefor  shall  be  so  filed  for  record  and  recorded. 

327.  School  Districts.  §  10.  All  school  districts,  and 
other  corporations  incorporated  for  school  purposes,  under 
special  acts  of  the  legislature,  desiring  to  annex  or  disannex 
territory,  may  proceed  under  the  provision  of  this  act. 

328.  Judicial  Notice.  §  11.  All  courts  in  this  state  shall 
take  judicial  notice  of  cities,  towns  and  villages,  and  of  the 
changes  of  their  territory,  made  under  the  provisions  of  this 
act. 


TERRITORY— DISCONNECTING. 

Act  of  May  27,  1879. 

329.  Disconnecting  Territory.  §  1.  That  whenever  the 
owners  representing  a  majority  of  the  area  of  land  of  any  ter¬ 
ritory  within  any  city  or  village,  and  being  upon  the  border  and 
within  the  boundary  thereof,  and  not  laid  out  into  city  or  village 
lots  or  blocks,  shall  petition  the  city  council  of  such  city,  or  the 
trustees  of  such  village,  praying  the  disconnection  of  such  ter¬ 
ritory  therefrom;  such  petition  shall  be  filed  with  the  city  clerk 
of  such  city,  or  the  president  of  the  trustees  of  such  village, 
accompanied  with  a  certificate  of  the  county  clerk,  showing  that 
all  city  taxes  or  assessments  due  up  to  the  time  of  presenting 
such  petition  are  fully  paid,  at  least  ten  days  before  the  meet¬ 
ing  of  such  city  council,  or  trustees,  at  which  it  is  proposed  to 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


97 


present  such  petition,  and  the  city  clerk  of  such  city,  or  presi¬ 
dent  of  the  trustees  of  such  village,  shall  present  such  petition 
to  the  city  council  or  trustees,  as  the  case  may  be,  and  upon 
such  presentation,  the  city  council  of  such  city,  or  trustees  of 
such  village,  may,  by  ordinance,  to  be  passed  by  a  majority  of 
the  members  elected  to  such  city  council  or  board  of  village 
trustees,  disconnect  the  territory  described  in  such  petition 
from  such  city  or  village:  Provided,  however,  that  the  terri¬ 
tory  so  disconnected,  shall  not  thereby  be  exempted  from  tax¬ 
ation,  for  the  purpose  of  paying  any  indebtedness  contracted  by 
the  corporate  authorities  of  such  city  or  village,  while  such 
territory  was  within  the  limits  thereof,  and  remaining  unpaid, 
but  the  same  shall  be  assessed  and  taxed  for  the  purpose  of 
paying  such  indebtedness,  the  same  as  if  such  territory  had 
not  been  disconnected,  until  such  indebtedness  is  fully  paid. 

330.  Ordinance  Recorded.  §  2.  A  copy  of  the  ordinance 
disconnecting  territory  from  any  city  or  village,  certified  by  the 
clerk  of  such  city,  or  president  of.  the  trustees  of  such  village, 
shall  be  filed  for  record,  and  recorded  in  the  recorder’s  office  of 
the  county  in  which  such  disconnected  territory  is  situated,  and 
another  copy  of  such  ordinance,  so  certified,  shall  be  filed  with 
the  clerk  of  the  county  court  of  the  county  in  which  such  dis¬ 
connected  territory  is  situated. 

331.  Judicial  Notice.  §  3.  All  courts  in  this  state  shall 
take  judicial  notice  of  cities  and  villages,  and  of  the  changes 
made  in  their  territory,  under  this  act. 


WARRANTS  DRAWN  UPON  TREASURER. 

.Act  of  May  31,  1879. 

332.  When  Warrants  May  be  Drawn.  §  1.  That  war¬ 
rants  payable  on  demand,  shall  hereafter  be  drawn  and  issued 
upon  the  treasurer  of  this  state  or  of  any  county,  township, 
city,  school  district  or  other  municipal  corporation,  or  agdnst 
any  funds  in  his  hands,  only  when  at  the  time  of  the  drawing 
and  issuing  of  such  warrants,  there  shall  be  sufficient  money  in 
the  appropriate  fund  in  the  treasury  to  pay  said  warrants. 

333.  Issued  in  Anticipation  of  Taxes.  §  2.  That  when¬ 
ever  there  is  no  money  in  the  treasury  of  arty  county,  township, 
city,  school  district  or  other  municipal  corporation  to  meet  and 
defray  the  ordinary  and  necessary  expenses  thereof,  it  shall  be 
lawful  for  the  proper  authorities  of  any  county,  township,  city, 
school  district,  or  other  municipal  corporation,  to  provide  that 
warrants  may  be  drawn  and  issued,  against  and  in  anticipation 

/ 


98 


STATUTES  RELATING  TO  THE  MUNICIPAL 


of  the  collection  of  any  taxes,  already  levied  by  said  authorities 
for  the  payment  of  the  ordinary  and  necessary  expenses  of  any 
such  municipal  corporation  to  the  extent  of  seventy-five  per 
centum  of  the  total  amount  of  any  said  tax  levy:  Provided, 
that  warrants  drawn  and  issued  under  the  provisions  of  this 
section,  shall  show  upon  their  face  that  they  are  payable  solely 
from  said  taxes  when  collected,  and  not  otherwise,  and  shall  be 
received  by  any  collector  of  taxes  in  payment  of  the  taxes 
against  which  they  are  issued,  and  which  taxes,  against  which 
said  warrants  are  drawn  shall  be  set  apart  and  held  for  their 
payment. 


WARRANTS  OF  MUNICIPAL  CORPORATION — INTEREST  ON. 

Act  of  June  15,  1895. 

334.  Interest  on  Warrants  of  Municipal  Corporations. 

§  1.  That  whenever  any  warrants  shall  hereafter  be  lawfully 
drawn  by  the  proper  officers  of  any  city,  village  or  town  for  the 
payment  of  money  out  of  any  particular  fund  in  anticipation  of 
the  collection  of  a  tax  heretofore  levied  for  such  fund,  such 
warrants  shall,  unless  paid  within  thirty  clays  after  their  issu¬ 
ance,  bear  interest,  payable  out  of  such  fund  and  tax  levy,  at 
the  rate  of  five  per  centum  per  annum  from  their  respective 
dates  until  paid,  or  until  uotice  shall  be  given  by  publication  in 
a  newspaper  or  otherwise,  to  their  holders,  that  the  money  for 
their  payment  is  available  and  that  they  will  be  paid  on  pre¬ 
sentation. 


WATER  WORKS. 

Act  of  April  15,  1873. 

335.  Power  to  Supply  Water — Letting  Contract — Emerg¬ 
ency.  §  1.  That  all  cities,  incorporated  towns  and  villages  in 
this  state,  be  and  are  hereby  authorized  and  shall  have  power 
to  provide  for  a  supply  of  wTater  for  the  purposes  of  fire  protec¬ 
tion,  and  for  the  use  of  the  inhabitants  of  such  cities,  incorpor¬ 
ated  towns  or  villages  by  the  erection,  construction  and  main¬ 
taining  of  a  system  of  water  works  or  by  uniting  with  any 
adjacent  city,  incorporated  town  or  village,  in  the  erection, 
construction  and  maintaining  of  a  system  of  water  works  for 
the  joint  use  of  such  cities,  incorporated  towns  or  villages,  or 
by  procuring  such  supply  of  water  from  an  adjacent  city,  incor- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


99 


porated  town  or  village  already  having  water  works:  Pro¬ 
vided,  that  all  contracts  for  the  erection,  or  construction  of 
such  works  or  any  part  thereof,  shall  be  let  to  the  lowest 
responsible  bidder  therefor,  upon  not  less  than  three  (3)  weeks 
public  notice  of  the  terms  and  conditions  upon  which  is  to  be 
let  having  been  given  by  publication  in  a  newspaper  published 
in  such  city,  town  or  village,  or  if  no  newspaper  is  published 
therein,  then  in  some  newspaper  published  in  the  county.  And, 
provided,  further,  that  no  member  of  the  city  council  or  board 
of  trustees,  or  mayor  shall  be  directly  or  indirectly  interested 
in  any  such  contract,  and  in  all  cases  the  council  or  board  of 
trustees  as  the  case  may  be,  shall  have  the  right  to  reject  any 
and  all  bids  that  may  not  be  satisfactory  to  them. 

Whereas,  An  emergency  exists,  therefore  this  act  shall 
be  in  force  from  and  after  its  passage. 

336.  Borrowed  Money-Tax.  §  2.  Such  cities,  incorpor¬ 
ated  towns  and  villages  may  borrow  money  and  levy  and  collect 
a  general  tax  in  the  same  manner  as  other  municipal  taxes  may 
be  levied  and  collected  for  the  erection,  construction  and  main¬ 
taining  of  such  water  works,  and  appropriate  money  for  the 
same. 

337.  May  Acquire  Property  for  Works,  etc.  §  3.  For 

the  purpose  of  erecting,  constructing,  locating,  maintaining  or 
supplying  such  water  works,  any  such  city,  incorporated  town 
or  village  may  go  beyond  its  territorial  limits,  and  may  take, 
hold  and  acquire  property  and  real  estate,  by  purchase  or  other¬ 
wise;  and  shall  also  have  the  power  to  take,  hold  and  acquire 
and  condemn  any  and  all  necessary  property  and  real  estate  for 
the  location,  erection,  construction  and  maintaining  of  such 
water  works  in  the  manner  provided  for  the  taking  and  con¬ 
demning  of  private  property  for  public  use;  and  may  also 
acquire  and  hold  real  estate  and  other  property  and  rights 
necessary  for  the  location,  erection,  construction  and  maintain- 
ance  of  such  water  works,  by  purchase  or  otherwise;  and  the 
jurisdiction  of  such  city,  town  or  village  to  prevent  or  punish 
any  pollution  or  injury  to  the  stream  or  source  of  water  for  the 
supply  of  such  water  works,  shall  extend  ten  miles  beyond  its 
corporate  limits. 

338.  Rules — Tax — Assessment — Lien.  §  4.  The  com¬ 
mon  council  of  such  cities  or  trustees  of  such  towns  or  villages, 
shall  have  power  to  make  and  enforce  all  needful  rules  and  reg¬ 
ulations  in  the  erection,  construction  and  management  of  such 
water  works,  and  for  the  use  of  water  supplied  by  the  same. 
And  such  cities,  towns  and  villages  shall  have  the  right  and 
power  to  tax,  assess  and  collect  from  the  inhabitants  thereof 


100 


STATUTES  RELATING  TO  THE  MUNICIPAL 


such  tax,  rent  or  rates  for  the  use  and  benetit  of  water  used  or 
supplbd  t<»  them  by  such  water  works,  as  the  common  council 
or  board  of  trustees  as  the  case  may  be,  shall  deem  ju-t  and 
expedient.  And  all  such  water  taxes,  rates  or  rents  shall  be  a 
lien  upon  the  premises  and  real  estate  upon  or  for  which  the 
same  is  used  or  supplied.  And  such  taxes,  rents  or  rates  shall 
be  paid  and  collected,  and  such  lien  enforced,  in  such 
manner  as  the  common  council  shall,  by  ordinance,  direct  and 
provide.  See  Section  171 

339.  Special  Assessment.  §  5  The  expense  of  locating, 
erecting  and  constructing  reservoirs  and  hydrants  for  the  pur¬ 
pose  of  tire  protection,  and  the  expense  of  constructing  and 
laying  water  main  pipes,  or  such  part  thereof  as  may  be  just 
and  lawful,  may  be  assessed  upon  and  collected  from  the  prop¬ 
erty  and  real  estate  specially  benefited  thereby,  if  any,  in  such 
manner  as  may  be  provided  for  the  making  of  special  assess¬ 
ments  for  other  public  improvements  in  such  cities,  towns  or 
villages. 

340.  Separate  Fund.  §  6.  All  the  income  received  by 
such  cities,  towns  or  villages  from  such  water  works,  from  the 
payment  and  collection  of  water  taxes,  rents  or  rates  shall  be 
kept  in  a  separate  fund,  and  shall  first  be  applied  in  the  pay¬ 
ment  and  discharge  of  the  costs,  interests  on  bonds  or  money 
borrowed  and  used  in  the  erection  and  construction  of  such  water 
w7orks  and  running  (  xpens  s  thereof.  And  any  surplus  may  be 
applied  in  such  manner  as  the  common  council  or  board  of 
trustees  may  direct. 

241.  When  Act  Not  Apply.  §  7.  The  provisions  of  this 
act  shall  not  apply  to  cit ie- ,  towns  or  villages  in  which  water 
works  are  now  managed  or  controlled  by  a  board  of  public 
works. 


WATER  WORKS. 

Act  of  April  22,  1899. 

342.  May  Acquire  Water  Works — Payment  for  Such 
Building  or  Purchase.  §  1.  Every  city,  incorporated  town 
and  village  in  this  state,  is  hereby  authorized  to  acquire  water 
works  for  supplying  water  for  public  use,  and  for  domestic  use 
of  its  inhabitants  by  building  or  purchasing  a  water  works 
system  or  enlarging  or  extending  an  existing  system.  In  pay¬ 
ment  for  such  building,  purchase  or  enlargement  any  such 
municipality  may  issue  certificates  of  indebtedness  limited  in 
their  payment  solely  to  the  water  fund  hereinafter  provided 
for;  such  certificates  may  bear  interest  at  a  rate  of  not  exceed- 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


101 


ing  six  per  centum  per  annum,  payable  semi  annually,  and  shall 
only  be  issued  at  not  less  than  par  value  in  payment  for  the 
building  purchase  or  extension  of  a  water  works  system. 

343  Ordinance — Publication  of — Petition — Submission 
to  Vote.  §  2.  Any  such  municipality  desiring  to  avail  itself  of 
the  provisions  of  this  act  shall  first  pass  an  ordinance,  fixing  in 
a  general  way  the  capacity  of  the  water  works  system  it  is  pro¬ 
posed  to  acquire,  and  referring  to  the  plans  and  specifications 
therefor,  which  shall  be  open  to  the  inspection  of  the  public; 
which  said  ordinance  shall  fix  the  rates  at  which  water  is  to  be 
supplied  for  all  private  purposes,  and  said  rates,  so  fixed,  shall 
not  thereafter  be  reduced  until  the  certificates  issued  for  acquir¬ 
ing  or  enlarging  the  water  works,  and  the  interest  thereon,  are 
fully  paid.  Which  said  ordinance  shall  be  published  in  a  news¬ 
paper  published  in  such  municipality,  at  least  once  it/  each  week 
for  three  successive  weeks.  And  if  no  petition  shjill  be  filed 
with  the  clerk  of  such  municipality  as  hereinafter  provided, 
within  twenty  one  days  after  the  first  publication  of  said  ordi¬ 
nance,  then  the  corporate  authorities  may  proceed  to  carry  out 
the  provisions  of  the  ordinance.  But  if  within  said  period  of 
twenty-one  days  there  shall  be  filed  with  the  clerk  of  such 
municipality  a  petition,  signed  by  twenty  per  cent,  of  the  num¬ 
ber  of  voters  voting  for  presiding  officer  of  the  legislative  body 
of  such  municipality  at  the  next  preceding  general  city,  town 
or  village  election,  asking  that  the  question  of  acquiring  or  en¬ 
larging  a  water  works  system  be  submitted  to  a  vote.  It  shall 
then  be  the  duty  of  the  legislative  body  of  such  municipality 
to  call  a  special  election  in  the  manner  provided  by  law,  to  vote 
upon  such  question,  and  if  it  appear  that  a  majority  of  the 
voters  voting  upon  such  question  at  such  election  vote  in  favor 
of  acquiring  or  enlarging  the  water  works,  then  said  ordinance 
shall  be  in  full  force  and  effect,  and  the  corporate  authorities 
may  proceed  to  carry  out  the  provisions  thereof,  but  if  a  ma¬ 
jority  of  the  votes  cast  are  against  such  acquiring  or  enlarging, 
then  said  city,  incorporated  town  or  village  shall  proceed  no 
further  for  the  period  of  six  months  next  ensuing. 

•  344.  Water  Fund — Certificates — Payment  of.  §  3. 

Whenever  any  such  municipality  shall  avail  itself  of  the  pro¬ 
visions  of  this  act,  the  entire  proceeds  arising  from  the  operation 
of  the  water  works  system  thereof  shall  be  paid  into  a  fund 
known  as  the  “water  fund”  and  which  fund  shall  be  and  Remain 
inviolate  until  the  certificates  issued  under  the  terms  hereof  and 
the  interest  thereon  is  fully  paid,  and  the  treasurer  of  such 
municipality  shall  not  pay  any  warrants  drawn  on  said  fund 
unless  the  same  be  drawn  in  payment  of  the  necessary  operat- 


102 


STATUTES  RELATING  TO  THE  MUNICIPAL 


ing  expenses  of  such  water  works  system,  or  in  payment  of  the 
certificates  issued  hereunder  or  the  interest  thereon. 

345.  May  Mortgage  Water  Works  System,  g  4.  In 

order  to  secure  in  the  most  ample  manner  the  payment  of  the 
wTater  certificates,  authorized  as  aforesaid,  any  such  municipal¬ 
ity  may  convey  by  way  of  mortgage  or  deed  of  trust  the  water 
works  system  so  acquired  or  enlarged  which  said  mortgage  or 
deed  of  trust  shall  be  acknowledged  and  recorded  in  the  same 
manner  as  mortgages  of  real  property,  and  which  mortgage  or 
deed  of  trust  may  contain  such  provisions  and  conditions  as  are 
reasonably  necessary  to  fully  secure  the  payment  of  said  water 
certificates 

346.  Foreclosure  of  Certificates,  g  5.  Whenever,  and 
as  often  as  default  shall  be  made  in  the  payment  of  water  cer¬ 
tificates,  issued  as  aforesaid,  and  such  default  shall  continue  for 
the  space  of  ninety  days,  it  shall  be  lawful  for  said  mortgagee 
or  trustee  to  declare  the  whcle  of  the  principal  and  interest  of 
such  certificates  at  once  due  and  payable,  and  proceed  to  fore¬ 
close  the  same  in  any  court  of  competent  jurisdiction,  and  in 
any  decree  to  be  rendered  in  such  suit  of  foreclosure  there  shall 
be  included  a  reasonable  solicitor’s  fee  for  the  complainant’s 
solicitor,  and  such  decree  shall  fix  reasonable  rates  for  wTater 
furnished  from  said  water  works  system  for  public  uses  during 
the  time  that  such  municipality  shall  be  deprived  of  the  poses- 
sion  thereof,  as  hereinafter  provided,  and  upon  any  sale  under 
such  decree  of  foreclosure  the  person  or  corporation  offering  to 

.  satisfy  said  decree  for  the  rents,  incomes  and  profits  of  said 
water  works  system  for  the  least  number  of  years,  not  exceed¬ 
ing  fifty,  shall  become  the  purchaser  thereof,  and  on  satisfying 
said  decree  shall  be  let  into  the  use,  occupation  and  enjoyment 
of  said  water  works  system  during  the  period  of  time  for  which 
the  same  wTere  sold,  and  during  such  period  such  purchaser  or 
assigns  shall  be  entitled  to  receive  and  collect  for  water  fur 
nished  for  private  uses  the  rates  prescribed  in  the  ordinance 
provided  for  in  Section  2  of  this  act,  and  shall  be  entitled  to 
receive  and  collect  the  reasonable  rates  fixed  for  the  public  uses 
of  water  in  such  decree.  At  the  end  of  said  period  said  pur¬ 
chasers  or  assigns  shall  deliver  said  waterworks  system  to  such 
municipality  in  as  good  condition  as  when  the  same  was  received, 
ordinary  wear  and  tear  excepted. 

347.  Rights  of  Purchaser  at  Foreclosure  Sale,  g  6. 

During  the  period  of  time  when  the/ purchaser  at  such  fore¬ 
closure  sale  shall  be  entitled  to  the  use  and  enjoyment  of  said 
water  works  system,  it  shall  not  be  competent  for  such  munici¬ 
pality  to  construct  or  authorize  any  other  person  or  corporation 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


103 


to  construct  a  competing  system  of  water  works,  noi  shall  it  be 
competent  for  the  purchaser  at  such  foreclosure  sale,  or  assigns, 
to  extend  the  water  works  system  so  purchased,  except  upon 
such  terms  as  such  municipality  may  authorize. 

348.  How  Act  Construed.  §  7  This  shall  be  deemed 
and  construed  to  confer  powers  in  addition  to  but  not  limiting 
those  now  existing. 


WATER  WORKS — TO  BUY  OR  CONSTRUCT  AND  MANAGE. 

Act  of  April  19,  1899. 

349.  Power  to  Levy  a  Direct  Annual  Tax  of  Not  More 
Than  One  Per  Cent.  §  1.  That  cities  and  villages  shall  have 
the  power  to  levy,  in  addition  to  the  taxes  now  authorized  by 
law,  a  direct  annual  tax  of  not  more  than  one  cent  on  the  dollar 
upon  all  the  property  within  the  corporate  limits  of  the  city  or 
village,  said  tax  to  be  payable  yearly  for  a  period  of  not  more 
than  thirty  years;  the  proceeds  of  said  tax  to  be  used  solely 
for  the  purchase  or  construction  of  water  works. 

350.  Contract  for  Purchase  or  Erection  of  Water  Works 
— Direct  Annual  Tax.  g  2  Whenever  any  city  or  village  de¬ 
sires  to  avail  itself  of  the  provisions  of  this  act,  the  city  coun¬ 
cil  or  the  board  of  trustees,  as  the  case  may  be,  may,  by  ordi¬ 
nance  or  resolution,  contract  for  the  purchase  or  erection  of 
water  works  for  a  provisionally  certain  fixed  sum,  or  may  so 
contract  for  purchase  and  extension  if  the  plant  proposed  to  be 
purchased  shall  be  inadequate,  and  such  contract  for  erection  or 
purchase,  together  with  a  report  from  the  citv  or  village  engin¬ 
eer  recommending  the  same,  shall  be  published  at  least  once  a 
week  for  three  consecutive  weeks  in  a  dai:y  or  weekly  newspa¬ 
per  published  in  said  city  or  village,  and  shal  at  the  same  time 
provide  by  reso  ution  or  ordinance  for  the  levying  of  a  direct 
annual  tax  as  authorized  in  Section  1  of  this  act,  '  he  total  of 
which  said  tax  for  the  term  levied,  together  with  the  annual 
revenue  which  is  estimated  to  be  derived  from  the  works,  shall 
be  sufficient  to  pay  the  contract  price  for  the  works,  together 
with  interest  on  ame;  but  such  contract  for  purchase  or  erec¬ 
tion,  and  such  tax.  shall  not  be  valid  or  binding  until  confirmed 
by  vote,  as  follows : 

351.  Such  Contract  and  Tax  after  Action  by  the  Coun¬ 
cil  to  be  Submitted  to  Voters — Manner  of  Submission.  §  3. 
Such  contract  and  tax,  after  action  by  the  council  or  trustees 
as  aforesaid,  shall,  before  they  shall  be  valid  and  binding,  be 


104 


STATUTES  RELATING  TO  THE  MUNICIPAL 


submitted  for  ratification  to  the  voters  of  the  city  or  village  at 
a  regular  or  special  election  by  giving  notice  of  same,  which 
notire  shall  specify  the  character  of  the  said  works  proposed  to 
be  erected  or  purchased  and  the  amount  of  tax  to  be  levied,  and 
said  notice  shall  be  posted  in  ten  public  places  within  such  city 
or  village  at  least  three  weeks  prior  to  said  e  ection,  and  also 
by  publication  three  trams  in  a  daily  or  weekly  newspaper  pub¬ 
lished  in  said  city  or  village,  and  for  three  weeks  preceding 
such  election  there  shall  be  on  file  in  some  public  place,  con¬ 
venient  of  access,  a  full  description  of  works,  copy  of  contr;ct 
and  report  of  engineer,  for  tbe  inspection  of  the  voters,  and 
notice  of  where  said  plans  and  specifications  are  on  file  shall  be 
included  in  the  notice  of  election.  If  three  four  hs  of  all  the 
voters  voting  on  said  proposition  shall  vote  in  favor  of  said 
contract  and  lax,  the  same  shall  be  binding  and  the  tax  duly 
levied.  The  ballots  at  such  election  shall  read: 


“Proposition  to  construct  or  purchase  (or  Loth)  water 

Yes 

No 

works  and  levy  a  tax  of _ annually  for _ years. 

V 

352.  Power  of  City  Council  and  Board  of  Trustees 
Under  This  Act.  §  4.  Tbe  city  council  in  cities  and  the 
board  of  trustees  in  villages  shall  have  the  power  to  carry  into 
execution  the  contract  for  the  erection  or  purchase  of  water 
works  when  ratifies  by  the  voters,  as  directed  in  Section  3.  and 
employ  a  superintendent  and  such  other  employes  as  may  be 
necessary  and  proper  for  t\  e  operation  of  such  works  for  the 
collection  of  water  rentals  and  for  the  conduct  of  the  business 
necessary  to  the  operation  thereof. 

353.  Power  to  Issue  Bonds  Against  Taxes  Levied,  g  5. 
The  city  council  in  cities  and  the  board  of  trusees  in  villages 
shall  have  the  power  to  issue  bonds  against  the  taxes  levied, 
the  same  to  be  payable  only  out  of  said  special  tax  when  col¬ 
lected  and  oug  of  the  net  revenue  derived  from  the  operation  of 
said  works. 

354.  Bonds — When  to  Mature — Interest.  §  6.  The 

said  bonds  shall  be  made  to  mature  in  as  nearly  as  possible 
equal  installments  of  one  hundred  dollars,  or  multiples  thereof, 
the  first  installment  to  be  payable  one  or  two  years  from  date, 
theli-st  installment  within  one  year  after  date  of  the  last  tax 
levy  provided  in  the  vote  authorizing  said  levy.  The  bonds 
shall  bear  interest  at  a  rate  not  to  exceed  six  per  cent.,  payable 
annually  or  semi  annually,  shall  be  sold  for  not  less  than  par,  or 


GOVERNMENT  OF  THE  CITY  OF  MONMOUTH. 


105, 


may  be  paid  out  at  not  less  than  par  for  the  construction  or- 
purchase  of  said  works. 

355.  Form  of  Bonds.  §  7.  Said  bonds  shall  be  sub¬ 
stantially  in  the  folio  \ing  form: 

The  City  or  Village  of _ ,  County  of _ ,  State  of  Illinois, 

for  value  received  hereby  promises  to  pay  to  bearer _ hundred  dol¬ 


lars,  lawful  money  of  the  United  States  of  America,  on  the _ day  of 

. .  A.  D . .  together  with  interest  thereon  at  the  rate  of _ 

per  centum  per  annum,  payable  annually  on  the _ day  of . .  A.  D*. 

.  Both  principal  and  interest  payable  at  the _ ___. 

This  bond  is  one  of  a  series  of  bonds  amounting  to _ „ _ dollars* 


issued  by  ordinance  of  the  City  (or  Village)  of . . . ,  and  is_  pay¬ 

able  solely  out  of  funds  derived  from  special  tax  levy  and  net  revenue  of 

the  water  works  of  the  City  ior  Village)  of _ _ ;  the  erection  or 

purchase  of  said  works  and  levy  of  said  tax  having  been  author-. 

ized  at  an  election  legally  called  and  held  on  the . _  day  of  __________ 

A.  D. _ ;  and  out  of  no  other  funds.  And  it  is  hereby  recited  that 

all  acts,  conditions  and  things  precedent  to  and  in  the  issuance  of;  this; 
bond  have  been  properly  done,  happened  and  performed  in  regular  and* 
due  form  as  required  by  law. 

In  testimony  whereof  the  City  Council  (or  Board  of  Trustees)  has. 
caused  this  bond  to  be  signed  by  the  Mayor  (or  President)  and  counter¬ 
signed  by  the  Clerk,  and  caused  the  seal  of  the  City  or  Village  to  be. 
affixed  this _ day  of _ ,  A.  D . 


_ _ _ _ _ _ ,  Mayor. 

. . . ,,  Clerk. 

Coupons  representing  the  interest  shall  beattached  thereto, k 
which  may  be  signed  or  bear  the  lithographed  signature  of  the  . 
c  erk  of  said  city  or  village. 

356  Fixing  Water  Rentals  or  Rates.  §8.  The  board  of 
trustees  or  city  council  shall  from  time  to  time  fix  the  water 
rentals  or  rates  to  be  charged  for  the  furnishing  of  w7ater,  and 
such  shall  be  made  sufficient,  together  with  ihe  proceeds  of  tha 
specia  tax  provided  by  the  act  to  pay  at  maturity  the  interest 
and  principal  of  bonds  issued  under  the  provisions  of  the  act, 
and  also  for  the  proper  maintenance  and  operation  of  such 
wonts,  the  proper  and  necessary  extension  thereof,  and  for  all 
repairs  thereon. 

357.  Water  District  Created  by  Two  or  More  Villages^ 
etc. — How  Governed,  g  9  Any  two  or  more  villages  or  cities, 
adjacent  to  each  other  may  elect  by  ordinance  to  create  a  water 
district,  said  district  to  be  governed  by  a  board  of  trustees  com¬ 
poses  of  the  joint  city  councils  or  village  boards  of  each  and, 
every  such  city  and  village,  which  said  board  of  trustees  shjalli 
have  the  power  given  to  city  councils  or  boa'ds  of  trustees  ix^ 
this  act,  and  said  water  districts  shall  be  a  body  corporate  to* 
carry  out  the  provisions  of  the  act,  but  notice  of  any  election* 


106  STATUTES  RELATING  TO  THE  MUNICIPAL  GOVERNMENT. 

held  by  such  water  district  under  this  act  sha  1  be  given  in  each 
and  every  city  and\illage  combining  into  the  district  and  if 
the  election  shall  not  carry  by  three  fourths  of  all  voters  voting 
in  each  city  or  village  in  said  district,  then  the  proposed  con 
tract  and  tax  shall  be  considered  to  have  failed  of  ratification 
and  o  be  void 

358.  This  Act  Confers  Additional  Powers  on  City  Coun¬ 
cils,  etc.  §  1*  .  This  act  shall  be  considered  as  conferring 
additional  power  on  city  councils  and  b  ards  of  trustees,  and  as 
in  addition  to  and  not  limiting  powers  now  given  cries  and  vil* 
plages,  city  councils  and  boards  of  trustees  by  law. 


CITY  ORDINANCES. 


107 


CITY  ORDINANCES. 


An  Ordinance  for  Revising  and  Consolidating  the  Sev¬ 
eral  Ordinances  of  the  City  of  Monmouth. 


Be  it  Ordained  by  the  City  Council  of  the  City  of  Monmouth: 

CHAPTER  I. 

MUNICIPAL  AND  FISCAL  YEAR  AND  SEAL. 

359.  The  municipal  year  of  the  city  shall  commence  on  the 
first  Monday  of  May  in  each  year. 

360.  The  fiscal  year  of  the  city  shall  commence  on  the  first 
Monday  of  May  in  each  year. 

361.  The  seal  heretofore  provided  and  used  by  and  for  the 
city  of  Monmouth,  the  impression  on  which  is  circular  in  form 
with  a  representation  of  an  eagle  in  the  center,  with  the 
inscription  “City  of  Monmouth,  Illinois,”  on  the  outer  circle, 
and  the  words  “Warren  County”  on  the  center  of  said  circle, 
shall  be,  and  is  hereby  established  and  declared  to  have  been, 
and  now  to  be,  the  seal  of  the  city  of  Monmouth. 


CHAPTER  II. 

WARDS. 

362.  The  city  is  hereby  declared  to  be  divided  into  five 
wards  as  follows,  to- wit: 

First  Ward.  The  boundaries  and  limits  of  the  first  ward 
shall  be  as  follows:  Boston  avenue  on  the  north,  Sixth  street 
on  the  east,  Fifth  avenue  on  the  south,  and  B  street  on  the 
west,  and  all  that  portion  of  the  city  lying  within  said  bound¬ 
aries  shall  constitue  the  first  ward. 

363.  Second  Ward.  The  boundaries  and  limits  of  the 
second  ward  shall  be  as  follows:  Commencing  at  the  northeast 
corner  of  the  city  limits,  running  thence  south  to  Second 


108 


CITY  ORDINANCES. 


avenue,  thence  west  to  Sixth  street,  thence  north  to  Boston 
avenue,  as  extended  through  block  twenty-four  (24)  Quinby  and 
Lawrence’s  addition;  thence  west  along  Boston  avenue  to  First 
street,  thence  north  to  the  city  limits,  thence  east  to  the  place 
of  beginning;  and  all  that  portion  of  the  city  lying  wfithin  said 
boundaries,  shall  constitute  the  second  wrard 

364.  Third  Ward.  The  boundaries  and  limits  of  the  third 
ward  shall  be  as  follows:  Commencing  at  the  northwest  corner 
of  the  city  limits,  running  thence  east  to  First  streer,  thence 
south  to  Boston  avenue,  thence  west  to  B  street,  thence  south 
to  Second  avenue,  thence  wrest  to  the  city  limits,  thence  north 
to  the  place  of  beginning;  and  all  that  portion  of  the  city  lying 
within  said  boundaries  shall  constitute  the  third  ward. 

365.  Fourth  Ward.  The  boundaries  and  limits  of  the 
fourth  wTard  shall  be  as  follows:  Commencing  at  the  south¬ 
west  corner  of  the  city  limits,  running  thence  north  to  a  point 
on  a  line  with  Second  avenue,  thence  east  to  B  street,  thence 
south  to  Fifth  avenue,  thence  east  to  First  street,  thence  south 
to  the  city  limits,  thence  wTest  to  the  place  of  beginning;  and 
all  that  portion  of  the  city  lying  within  said  boundaries,  shall 
constitute  the  fourth  ward. 

366.  Fifth  Ward.  The  boundaries  and  limits  of  the  fifth 
ward  shall  be  as  follows:  Commencing  at  the  southeast  corner 
of  the  city  limits,  running  thence  north  to  second  avenue,  thence 
west  to  Sixth  street,  thence  south  to  Fifth  avenue,  thence  west 
to  First  street,  thence  south  to  the  city  limits,  thence  east  to 
the  place  of  beginning;  and  all  that  portion  of  the  city  lying 
within  said  boundaries  shall  constitute  the  fifth  ward. 


CHAPTER  III. 

CITY  OFFICERS. 

367.  The  officers  of  the  city  of  Monmouth  shall  be  a 
mayor,  city  council,  city  clerk,  city  collector,  city  attorney, 
city  treasurer,  police  magistrate,  city  engineer,  city  superin¬ 
tendent  of  streets,  city  superintendent  of  water  works,  city 
marshal,  sergeant  of  police,  policemen,  city  fire  marshal,  one 
first  and  one  second  assistant  fire  marshal,  inspector  of  mineral 
oils,  inspector  of  weights  and  measures,  weighmaster,  sexton, 
health  officer  and  scavenger,  of  which  the  mayor,  city  council, 
police  magistrate,  clerk,  attorney  and  treasurer  shall  be  elective, 
and  all  other  officers  appointive. 

368.  The  mayor,  city  council,  clerk,  attorney,  police  mag- 


CITY  ORDINANCES. 


109 


istrate  and  treasurer,  shall  hold  their  respective  offices  for  such 
time  as  is  prescribed  by  law,  and  all  other  officers  named  in  the 
previous  section  shall  be  appointed  on  the  first  Monday  of  May 
in  each  year  at  or  after  the  expiration  of  their  present  terms  of 
office,  or  as  soon  thereafter  as  practicable,  and  shall  hold  office 
for  one  year  and  until  their  successors,  are  appointed  and 
.'qualified. 

369.  All  official  bonds  except  when  otherwise  provided, by 
'law  or  ordinance,  shall  be  submitted  to  the  city  council  for  their 
approval,  which  approval  when  given  shall  be  certified  thereon 
by  the  clerk  and  said  bonds  shall  be  filed  by  the  clerk,  except 
the  bond  of  the  clerk  which  shall  be  filed  with  the  treasurer. 

The  city  council  may  at  any  time  require  a  new  bond  to  be 
•executed  by  any  city  officer,  if  from  any  cause  they  shall  deem 
the  old  bond  c  r  sureties  insufficient,  but  the  execution  of  such 
new  bond  shall  not  in  any  manner  affect  the  liability,  loss  or 
damage  incurred  under  the  old  bond,  or  release  the  sureties 
from  any  liability  incurred  thereon. 

Any  person  having  been  an  officer  of  the  city  of  Monmouth, 
shall,  within  five  days  after  notificaiion  and  request,  deliver  to 
his  successor  in  office,  all  property,  books,  papers,  plats,  maps, 
records  and  effects  of  every  description  in  his  possession  be¬ 
longing  to  said  city,  or  appertaining  to  his  said  offic  e,  and  upon 
his  refusal  to  do  so,  he  shall  be  liable  for  all  the  damages  caused 
thereby,  and  in  addition  thereto  a  penalty  of  not  less  than 
twenty-five  dollars  or  more  than  two  hundred  dollars,  in  the 
■discretion  of  the  court,  upon  conviction. 

All  city  officers  elected  or  appointed  (except  the  clerk, 
police  magistrate,  aldermen  and  mayor)  shall  be  commissioned 
by  warrant,  under  the  corporate  se  d,  signed  by  the  clerk  and 
the  mayor,  or  presiding  officer  of  the  city  council,  and  the 
mayor  or  presiding  officer  of  the  city  council  shall  issue  a  cer¬ 
tificate  of  election,  under  the  seal  of  the  corporation  to  the 
clerk  thereof. 

370.  City  officer’s  commissions  shall  be  substantially  as 
follows: 

STATE  OF  ILLINOIS,  ) 

Warren  County.  f- ss.  Warrant  and  Commission. 

City  of  Monmouth.  ) 

To  all  whom  these  Presents  shall  come .  Greeting'. 

3  O 

Know  ye,  that  A.  B.  having-  been  on  the _ day  of _ 

19 - duly  elected  (or  appointed)  to  the  office  of _ in 

and  for  the  said  city  of  Monmouth,  and  having  taken  the  oath  of  office 
and  given  bonds  as  required,  he  is  hereby  commissioned  to  act  in  and 
exercise  the  authority  of  said  office  until  the . day  of _ _ 


110 


CITY  ORDINANCES. 


19 _ ,  and  until  his  successor  shall  be  elected  (or  appointed)  and' 

qualified. 

In  witness  whereof  this  warrant  is  signed  by  the  clerk  and  mayor 
of  said  city  and  the  corporate  seal  thereof  is  hereunto  affixed  this* 

. . day  of _ A.  D.  19 . 

[Seal.] 

By  the  Mayor, 


Mayor. 


City  Clerk. 

371.  All  officers  collecting  or  receiving  any  moneys  on  ac¬ 
count  of  the  city,  shall  pay  the  same  as  fast  as  collected  into 
the  city  treasury,  and  shall,  at  the  first  regular  meeting  of  the 
city  council  in  each  month,  report  to  the  council  an  accurate 
statement  of  all  moneys  received  by  them  during  the  preceding 
month,  specifying  the  amount,  from  whom,  and  on  what  account 
received.  No  officer  shall  retain  any  moneys  collected  or 
received  by  him,  toward  the  payment  of  any  salaries  or  fees 
which  may  be  coming  to  him  from  the  city,  but  shall  pay  the 
same  into  the  treasury.  Any  officer  violating  any  provision  of 
this  section  shall  be  subject  to  a  penalty  of  not  less  than  ten 
dollars,  and  shall  also  be  subject  to  removal  from  office. 

372.  .Whenever  any  city  officer  shall  neglect  or  refuse  to 
pay  over  any  moneys,  or  to  make  proper  settlement  of  his 
accounts,  or  of  any  claim  of  the  city  placed  in  his  hands  for  col¬ 
lection  as  required  by  ordinance,  or  whenever  upon  the  adjust¬ 
ment  of  the  account  of  any  city  officer,  any  moneys  shall  be 
found  due  by  him  to  the  city,  and  the  same  shall  not  be  paid 
immediately  into  the  city  treasury,  and  the  treasurer’s  receipt 
therefor  filed  with  the  city  clerk,  the  city  clerk  shall  forthwith 
report  such  officer,  with  an  abstract  of  his  account,  to  the  city 
council. 

373.  Notice  thereof  shall  be  given  to  such  officer,  and  to 
his  sureties,  by  the  mayor,  and  unless  such  account  be  rendered 
and  the  amount  due  paid  within  ten  days  after  such  notice,  suit 
shall  be  brought  on  his  official  bond  for  the  amount  with  which 
he  stands  charged,  or  such  other  measures  taken  as  will  secure 
the  city  from  loss.  An  abstract  of  the  account  of  such  officer, 
certified  to  by  the  city  clerk,  under  the  corporate  seal,  shall  be- 
delivered  to  the  city  attorney. 

374.  The  salaries  of  all  city  officers,  unless  where  other¬ 
wise  specially  provided,  shall  be  paid  in  monthly  installments; 
and  they  may  present  their  accounts  to  the  city  council  for 
adjustment.  But  no  warrants  shall  be  drawn  in  favor  of  any 
officer  for  the  payment  of  his  salary  until  he  shall  have  filed  his 
report  as  is  herein  required;  nor  shall  any  warrant,  in  any  case,. 


CITY  ORDINANCES. 


m 

be  drawn  in  favor  of  any  officer  who  shall  be  in  default  or 
arrears  to  the  city. 

375.  The  records,  books  and  papers  pertaining  to  any  city 
officer,  shall,  at  all  reasonable  times,  be  subject  to  the  inspec¬ 
tion  and  examination  of  the  mayor  the  city  council,  or  any  of 
its  committees,  or  any  person  interested  in  the  same;  and  all 
city  officers  shall,  when  requested,  give  all  the  information  in- ' 
their  power  pertaining  to  their  respective  offices,  to  the  city 
council  or  any  of  its  committees,  the  mayor,  or  any  other 
department  of  the  city  government. 

376.  The  committee  on  finance  of  the  city  counc  i  shall 
prescribe  the  manner  in  which  the  books  and  acounts  of  all  city 
officers  shall  be  kept,  in  order  to  establish  uniformity  therein. 
They  shall,  at  least  quarterly,  examine  the  books,  accounts  and 
pipers  of  all  city  officers,  and  see  that  they  are  properly,  reg¬ 
ularly  and  neatly  kept  and  preserved,  and  that  the  books, 
accounts  and  papers  belonging  to  the  offices  of  the  clerk,  treas¬ 
urer  and  collector,  are  secured  from  loss  or  accident  by  fire: 
and-  they  shall  report  to  the  city  council  any  neglect  or 
refusal  on  the  part  of  any  city  officer  to  keep  his  books  or 
accounts  properly,  or  to  preserve  any  papers  pertaining  to  his 
office. 

377.  Whenever  the  city  clerk,  collector,  superintendent  of 
streets,  superintendent  of  water  works,  sexton  or  any  police 
officer  or  custodian  of  fire  apparatus  shall  desire  to  be  tempor¬ 
arily  absent,  he  shall  apply  to  the  city  council,  if  in  session,  or 
if  not,  to  the  mayor,  for  leave  of  absence;  which  may  be 
granted  for  any  time  not  exceeding  one  month. 

378.  All  officers  shall  be  liable  to  the  city  for  all  loss  or- 
damage  that  may  arise  from  their  omission  of  duty,  corruption 
in  office,  or  wTillful  misconduct  in  the  discharge  of  any  official  ' 
duty;  and  the  city  council  may,  in  their  discretion,  by  order, 
withhold  the  salary  of  any  officer  in  order  to  secure  the  city - 
from  loss.  And  if  any  officer  shall  fail,  neglect,  or  refuse  to*. 
discharge  or  perform  any  duty  required  of  him,  the  city  council" 
may  employ  or  appoint  some  competent  person  to  perform  such 
duty,  and  the  cost  and  expense  of  doing  the  same  shall  be 
charged  to  such  officer  and  deducted  from  his  salary;  or,  if  his- 
salary  shall  be  insufficient  to  pay  the  same,  they  may  be  recov¬ 
ered  by  suit  in  the  name  of  the  city  before  any  court  having- 
jurisdiction. 

379.  Every  city  officer  not  required  by  the  general  incor¬ 
poration  act  so  to  do,  shall  annually  at  the  close  of  the  fiscal* 
year,  report  to  the  city  council  a  complete  statement  of  the- 
transactions  of  his  office  for  the  preceding  year. 


112 


CITY  ORDINANCES. 


380.  The  committee  on  finance  shall  make  settlement  with 
ifcil’l'city  officers  at  the  expiration  of  their  terms  of  office,  and 
report  the  same  to  the  city  council.  If  they  shall  be  unable  to 
make  settlement  with  any  officer  they  shall  state  the  fact,  and 
>the  causes  which  prevent  such  settlement. 

381.  Any  city  officer  who  shall  give  any  false  or  fraudulent 
'certificate  of  any  matter  or  thing  to  the  prejudice  of  the  city, 
or  contrary  to  the  truth  and  to  the  duty  of  such  officer  in  that 
;belialf,  shall  on  conviction  be  subject  to  a  penalty  of  not  less 
than  ten  dollars. 

382.  Any  city  officer,  upon  whom  the  duty  devolves,  is 
hereby  authorized  to  demand  and  receive  as  fees  for  the  use  of 
the  city  (except  where  provisions  is  herein  made  to  the 
contrary): 

Administering  oath  and  attesting  the  same,  25  cents. 

For  certified  copies  of  any  record,  each  one  hundred  works, 
25  cents. 

For  each  building  permit,  $1.00. 

For  all  other  written  permits,  50  cents. 

For  making  deeds,  $L.00. 


CHAPTER  IV. 

THE  MAYOR  AND  HIS  DUTIES. 

383.  The  mayor  shall  sign  all  commissions,  licenses  and 
permits  granted  by  authority  of  the  city  council,  except  as 
otherwise  provided,  and  such  other  acts  and  deeds  as  by  law  or 
‘or  ordinance  may  require  his  official  signature. 

384.  The  mayor  shall  grant  all  licenses  authorized  by  this 
ordinance,  the  granting  of  which  is  not  otherwise  provided  for 
herein,  to  such  persons  as  he  may  deem  proper,  according  to 
the  ordinances  of  the  city  unless  the  city  council  shall  otherwise 
designate,  and  may  revoke  the  same  in  accordance  with  the 
provisions  herein. 

385  The  mayor  shall  supervise  the  conduct  of  all  officers 
of  the  city;  examine  the  grounds  of  all  reasonable  complaints 
made  against  any  of  them,  and  cause  all  their  violations  of  duty 
and  other  neglects  to  be  promptly  punished  or  reported  to  the 
proper  tribunal  for  correction. 

386.  The  mayor  shall  appoint  by  and  with  the  advice  and 
consent  of  the  city  council  all  officers  whose  appointment  is 
not  by  law  or  ordinance  otherwise  provided  for;  and  whenever 
a  vacancy  shall  happen  many  office,  which  by  law  he  is  empow- 


CITY  ORDINANCES 


113 


<ered  to  fill,  he  shall  within  thirty  days  after  the  happening  of 
such  vacancy,  communicate  to  said  council  the  name  of  his  ap¬ 
pointee  to  such  office,  hiid  pending  the  concurrence  of  the  city 
council  in  such  appointment  the  ma)  or  may  appoint  some  suit¬ 
able  person  to  discharge  the  duties  of  such  office. 

387.  Whenever  under  any  law  or  any  ordinance  of  the  city 
any  notice  or  demand  is  or  may  be  required  to  be  given  or  made 
or  any  act  or  thing  required  to  be  done  by  or  on  behalf  of  the 
the  city  and  no  other  provision  therefor  is  made,  the  mayor  of 
the  city  may  and  is  hereby  authorized  to  give  such  notice  or 
make  such  demand  or  do  such  act  or  thing  for  and  on  behalf  of 
the  city. 

388.  The  mayor  may  whenever  he  shall  deem  it  necessary 
issue  his  proclamation  for  the  apprehension  of  any  person  who 
may  have  committed  a  crime  within  the  City  of  Monmouth,  and 
may  in  such  proclamation,  offer  a  reward  not  exceeding  three 
hundred  dollars,  to  be  paid  out  of  the  city  treasury,  upon  the 
certificate  of  the  mayor  that  the  service  required  has  been 
performed. 

389.  In  addition  to  the  above  and  foregoing,  and  to  the 
duties  imposed  upon  him  by  law,  the  mayor  shall  perform  all 
such  other  duties,  pertaining  to  his  office,  as  are  or  may  be  re¬ 
quired  of  him  by  the  ordinances  of  said  city. 


CHAPTER  V. 

TIIE  CITY  COUNCIL. 

390.  The  regular  meetings  of  the  city  council  of  the  City 
of  Monmouth  shall  be  held  in  Ihe  council  chamber,  at  the  city 
hall,  on  the  first  and  third  Mondays  in  each  and  every  month, 
-except  when  said  first  or  third  Monday  may  happen  to  be  a 
public  holiday,  in  which  case  the  council  shall  meet  on  the  next 
day  following;  and  adjourned  meetings  may  be  held  for  the 
purpose  of  completing  the  unfinshed  business  of  the  regular 
meetings  at  such  time  or  times  as  may  be  determined  by  the 
council.  The  hour  of  meeting,  either  general  or  special,  shall 
be  as  follows:  From  the  first  of  May  to  the  30th  of  September 
at  8  o'clock  p.  m.,  and  from  the  first  day  of  October  to  the 
30th  of  April  at  7:30  p.  m.,  unless  otherwise  ordered. 

391.  The  standing  committees  of  the  city  council  shall  be 
annually  appointed  by  the  mayor,  and  he  shall  be  authorized  to 
fill  vacancies  occurring  in  and  to  said  committees  The  stand¬ 
ing  committees  shall  be  as  follows:  Auditing,  Cemetery, 


114 


CITY  ORDINANCES. 


Finance,  Fire,  Gas  and  Electric  Light, Ordinances  and  Printing,. 
Police,  Public  Buildings  and  Grounds  and  Miscellaneous, 
Sewerage,  Streets  Alleys  and  Parks,  Water  Works. 

392.  Every  committee  of  the  city  council,  in  reporting 
upon  a  subject  referred  to  them,  must  attach  to  their  report  all 
resolutions  petitions,  remonstrances  and  other  papers  in  their 
possession  relative  to  the  matters  referred. 

393.  Special  meetings  of  the  city  council  may  be  called  by 
the  mayor  or  any  three  aldermen,  by  notification  in  writing  by 
the  city  clerk  to  each  member  of  the  council,  served  personally 
or  left  at  his  usual  place  of  abode,  stating  the  object  and  pur¬ 
pose  of  such  meeting,  but  no  business  shall  be  transacted  at 
any  sx)ecial  meeting  except  such  as  the  meeting  was  called  for 
and  notification  given  thereof. 

394.  A  majority  of  aldermen  elect  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn 
from  time  to  time  and  compel  absentees  to  attend  any  regular 
or  special  meeting,  by  a  written  citation  to  that  effect,  stating 
the  day  and  hour  of  such  meeting;  such  citation  shall  be 
signed  by  the  mayor  or  aldermen  issuing  the  same,  and  may 
be  served  by  the  city  marshal,  or  any  officer  authorized  to 
serve  processes  in  said  city  by  reading  the  same  to  such 
absentee. 

395.  Any  aldermen  willfully  refusing  to  obey  such  cita¬ 
tion,  shall  forfeit  twTenty  ($20)  dollars,  to  be  deducted  out  of  his 
salary,  or  collected  by  suit  in  the  same  manner  as  other  penal¬ 
ties  provided  in  this  ordinance,  and  upon  the  repeated  refusal 
to  obey  such  citation,  such  alderman  may  be  expelled,  and  his 
office  declared  vacant. 

396.  The  finance  committee  shall  meet  annually, before  April 
1 5th  of  each  year,  and  examine  and  compare  the  report  sand  state¬ 
ments  made  by  the  city  treasurer,  or  other  city  officers,  and 
shall  report  thereon  to  the  city  council. 

397.  All  claims  against  the  city  for  money  due  shall  be  sub¬ 
ject  to  set-off  by  any  claims  the  city  may  have  against  the 
claimant. 


CHAPTER  VI. 

CITY  ATTORNEY. 

398.  The  city  attorney  shall  be  the  legal  adviser  of  the 
city,  and  shall,  when  required  by  the  city  council,  give  his 
opinion  in  writing  upon  all  questions  of  law  arising  under  the 


CITY  ORDINANCES. 


115 


statutes  of  the  state  or  ordinances  of  the  city,  or  upon  any 
questions  submitted  to  him  by  the  mayor  or  the  city  council, 
or  by  any  officer  of  the  city.  He  shall  also  prepare  proper 
drafts  for  contracts,  forms,  ordinances  and  other  writing 
which  may  be  required  for  the  use  of  the  city. 

399.  He  shall  superintend  and  conduct  all  the  law  busi¬ 
ness  of  the  city,  and  is  charged  with  the  prosecution  of  all  suits 
for  the  violation  of  the  ordinances  of  the  city,  and  with  the  con¬ 
ducting  of  all  proceedings  before  justices,  or  upon  appeals  to 
the  county  court  or  circuit  court. 

400.  He  shall  keep  in  proper  books  to  be  provided  for  that 
purpose,  a  register  of  all  actions  in  courts  of  record,  prose¬ 
cuted  or  defended,  in  which  the  city  may  be  a  party,  and  all 
proceedings  had  therein. 

401.  He  shall  take  appeals  in  all  such  cases  as  he  shall 
deem  the  interest  of  the  city  requires,  and  prosecute  and 
defend  the  same  in  the  county,  circuit,  appellate  and  supreme 
courts;  and  he  shall  do  and  perform  ah  other  duties  incident  to 
his  profession,  and  that  may  be  ordered  by  ordinance  or  reso¬ 
lution  of  the  city  council. 

402.  He  shall  draw  such  ordinances  as  may  be  required  of 
him  by  the  city  council,  or  by  any  committee  thereof,  and  all 
leases,  deeds  and  other  papers  connected  with  the  finance  de¬ 
partment,  and  all  contracts  for  any  of  the  other  departments 
of  the  corporation  when  so  required  by  ihe  head  of  the  depart¬ 
ment. 

403.  In  case  of  the  temporary  absence  or  inability  of  the 
city  attorney  to  attend  to  the  duties  of  his  office,  he  may,  with 
the  approval  of  the  mayor,  appoint  or  employ  some  competent 
attorney  to  act  in  his  place. 


CHAPTER  VII. 

THE  CITY  CLERK. 

404.  The  city  clerk  shal]  in  addition  to  the  duties  of  his 
office  as  prescribed  by  law,  provide  a  sufficient  number  of 
ballots,  ballot  boxes,  cards  of  instructions  and  other  blanks 
and  forms  for  the  use  of  the  judges  and  clerks  of  election,  which 
shall  conform  in  all  re-pects  to  the  requirements  of  the  law 
upon  that  subject. 

405.  He  shall  provide  and  furnish  on  request  without 
charge  to  any  person  required  by  taw  or  ordinance  to  keep 


116 


CITY  ORDINANCES. 


books  or  make  reports  to  the  city,  all  such  books  and  all  blanks 
necessary  to  make  such  reports. 

406.  He  shall  attest  all  licenses  granted  by  the  mayor  and 
city  council,  and  shall  keep  a  registry  of  the  same,  showing  the 
the  date  of  issue,  time  of  expiration,  business  licensed  and 
amount  paid. 

407.  He  shall  issue  notices  of  special  meetings  to  members 
of  the  city  council  when  directed  by  the  mayor  or  any  three 
aldermen  so  to  do,  and  all  other  notices  which  he  may  be 
directed  by  the  city  council  to  issue;  he  shall  also  issue  notices 
to  the  members  of  the  different  committees  of  the  city  council, 
and  to  all  persons  whose  attendance  may  be  required  before 
any  such  committee  when  thereto  directed  by  the  chairman 
thereof,  or  whose  attendance  may  be  required  before  the  city 
council  when  so  directed  by  the  mayor. 

408.  He  shall  upon  the  allowance  of  any  account  or  claim 
by  the  city  council,  draw  a  warrant  therefor  upon  the  city 
treasury  payable  to  the  order  of  the  claimant,  which  warrant 
shall  state  therein  the  particular  fund  or  appropriation  to  which 
the  same  is  chargeable,  and  which  when  signed  by  the  mayor 
and  countersigned  by  the  city  clerk,  shall,  if  the  particular 
fund  be  not  overdrawn,  be  paid  by  the  city  treasurer.  He 
shall  keep  in  a  suitable  book  an  accurate  list  of  all  warrants 
drawm  on  the  treasury,  stating  the  date,  number  and  amount 
thereof,  the  name  of  the  person  in  whose  favor  drawn  and  the 
particular  fund  or  appropriation  upon  which  drawn. 

409.  He  shall  keep  all  accounts  pertaini  eg  to  the  finances  of 
the  city.  He  shall  keep  an  accura'e  account  with  all  city 
officers  and  others  collecting  or  receiving  any  moneys,  prop¬ 
erty  or  claims  on  account  of  the  city  charging  them  with  all 
moneys  or  property  received  by  them,  or  claims  placed  in  their 
hands  for  collection,  and  crediting  them  with  all  moneys  paid 
into  the  treasury,  upon  their  filing  the  treasurer’s  receipt,  or 
with  claims  or  accounts  uncollectable,  or  other  proper  credits, 
upon  filing  the  proper  vouchers.  The  treasurer  shall  be  cred 
ited  with  all  warrants  canceled  and  returned. 

410.  He  shall  keep  a  detailed  and  specific  account  of  the 
city  revenue,  keeping  account  with  each  separate  fund,  credit¬ 
ing  the  same  with  all  receipts,  and  charging  it  with  all  appro¬ 
priations  or  warrants  drawn  thereon.  He  shall  charge  each 
warrant  to  the  fund  or  appropriation  on  which  it  is  drawn  He 
shall  keep  an  accurate  accounts  of  all  debts  due  by  or  ow7ing  to 
the  city,  and  shall  turn  over  to  the  city  collector  for  collection 
all  claims  due  the  city  coming  to  his  hands  and  not  otherwise 
provided  for,  and  shall  keep  a  bill  book  in  which  he  shall  enter 


CITY  ORDINANCES. 


117 


a  correct  list  of  all  bonds,  notes  or  other  obligations  given  by 
or  payable  to  the  city  with  the  date  thereof,  the  person  to 
whom  or  by  whom  owing  or  payable,  and  the  rate  of  interest, 
and  the  time  and  manner  in  which  the  principal  and  interest 
are  payable  and  such  other  particulars  as  may  be  necessary  to 
a  full  understanding  thereof. 

411.  He  shah  without  delay  deliver  to  the  officers  of  the 
corporation  and  to  all  committees  of  the  city  council  all  orders, 
resolutions  or  communications  referred  or  directed  to  such 
officers  or  committees  by  that  body.  He  shall  likewise  deliver 
to  the  mayor  all  ordinances  or  resolutions  under  his  charge 
which  may  require  to  be  approved  or  otherwise  acted  upon  by 
the  mayor,  with  all  papers  on  which  the  same  are  founded. 

412.  When  an  ordinance  is  in  force  providing  for  labor  on 
the  streets  and  alleys  he  shall  on  or  before  the  first  day  of  June 
of  each  year  make  or  cause  to  be  made  out  a  compleie  list  of  all 
the  able  bodied  male  inhabitants  of  the  city  between  the  ages 
of  21  and  50  years  (excepting  paupers,  idiots,  lunatics  and  such 
others  as  are  exempt  by  law)  and  deliver  such  list  to  the  city 
superintendent  of  streets. 

413.  He  may  appoint  a  deputy,  who,  in  the  absence  of  the 
clerk  in  case  of  sickness  or  otherwise,  shall  be  empowered  to 
perform  all  the  duties  of  the  city  clerk,  and  the  city  clerk  and 
his  bondsmen  shall  be  held  jointly  and  severally  responsible  for 
the  fidelity  of  such  deputy  so  appointed  by  him. 


CHAPTER  VIII. 

CITY  COLLECTOR. 

414.  Except  when  otherwise  provided  by  law,  it  shall  be 
the  duty  of  the  city  collector  to  collect  all  special  assessements 
or  special  taxes  assessed  for  public  improvements  with'in  the 
city,  including  sidewalks,  and  also  all  water  rents  or  sums  of 
money  due  the  city  for  water  furnished  by  the  city  and  all 
moneys  otherwise  due  the  city  upon  any  account  or  claim  what¬ 
ever,  coming  into  his  hands,  and  it  shall  further  be  his  duty  to 
preserve  all  warrants  which  are  returned  into  his  hands,  and 
he  shall  keep  books  and  accounts  which  shall  show  all  receipts 
and  moneys  received  by  him  and  other  matters  pertaining  to 
his  office  in  a  clear,  intelligible  and  methodical  manner. 

415.  He  shall  annually  between  the  first  and  tenth  of 
April,  file  with  the  city  clerk  a  statement  of  all  the  moneys  col¬ 
lected  by  him  during  the  year,  the  particular  warrants,  special 


118 


CITY  ORDINANCES. 


assessments,  taxation  or  account  on  which  collected,  and  shall 
state  the  balance  of  moneys  uncollected  on  all  warrants  in  his 
hands  and  the  balance  remaining  uncollected  at  the  time  of  the 
return  on  all  warrants  that  may  have  been  returned  during  the 
preceding  year,  and  shall  also  state  in  such  account  all  other 
moneys  due  and  unpaid  the  city  from  water  rents  and  from  all 
other  sources,  which  have  come  into  his  hands  for  collection, 
and  shall  perform  such  other  duties  as  is  or  may  be  by  law  or 
ordinance  of  the  city  imposed  on  him.  He  shall  keep  his  office 
with  and  in  the  office  of  the  city  clerk  of  the  city. 

416.  He  shall  render  to  the  city  council  at  the  first  regular 
meeting  in  each  month  a  comparative  statement  of  the  receipts 
of  the  water  department  for  the  previous  month,  compared 
with  the  receipts  for  the  same  month  in  the  previous  year,  and 
also  a  statement  of  the  receipts  for  the  expired  portion  of  the 
fiscal  year,  compared  with  the  same  period  of  the  previous 
year. 


CHAPTER  IX. 

CITY  ENGINEER. 

417.  The  city  engineer  shall  be  ex-officio  the  city  surveyor, 
and  shall  perform  all  the  duties  of  that  office,  in  addition  to 
such  other  duties  as  the  council  may  by  resolution  or  ordinance 
require. 

418.  He  shall  when  requested  or  directed  by  the  mayor  or 
city  council  ascertain  and  establish  the  grade  of  any  street, 
avenue  or  any  public  square  within  the  corporate  limits  of  the 
city  and  shall  mark  the  same  in  a  substantial  manner,  and  upon 
like  request  or  direction  superintend  the  construction  of  any 
public  wTork  of  the  corporation  or  in  wdiich  it  is  interested  and 
shall  daily  or  as  often  as  may  be  necessary  examine  such  public 
wrork  under  his  charge  and  see  that  the  same  is  properly  exe¬ 
cuted;  and  if  the  contractor  therefor  shall  neglect  or  refuse  to 
execute  such  work  in  accordance  with  his  contract  and  specifi¬ 
cations,  said  engineer  may  suspend  the  work,  and  shall  there¬ 
upon  report  the  facts  to  the  mayor,  who  shall  report  the  same 
to  the  city  council  at  once  for  their  action. 

419.  He  shall,  when  required,  receive,  inspect  or  measure 
any  lumber,  brick,  stone  or  other  material,  to  be  used  in  any 
public  work  of  the  city,  and  if  necessary  keep  an  accurate 
account  of  the  quantity  and  quality  of  the  same,  the  cost 
thereof,  from  whom  received  and  for  what  purpose  used  or  to 


CITY  ORDINANCES. 


119 


be  used;  and  he  shall  examine  all  bills  for  materials  so  received 
by  him,  or  in  connection  with  his  department,  and,  if  found  cor¬ 
rect,  shall  certify  the  same  to  the  city  council  for  allowance. 

420.  Said  engineer  shall  keep  in  his  office,  plats  of  all 
grades  or  boundaries  of  streets  and  alleys  established  by  the 
city  council,  correcting  the  same  when  any  grade  shall  be 
changed,  and  adding  thereto  when  any  new  grade  or  boundary 
shall  be  established.  He  shall  also  keep  correct  surveys  of  all 
public  sewers  within  the  city,  showing  the  location,  length  and 
dimensions  of  the  same  respectively.  He  shall  record  in  a  suit¬ 
able  book  or  otherwise,  the  profiles  of  all  surveys  of  grades  and 
boundaries,  of  all  surveys  of  whatever  nature  established,  and 
preserve  the  original  papers  relating  thereto,  and  shall  other¬ 
wise  keep  a  systematic  record  of  all  the  transactions  pertaining 
to  his  office,  and  shall  index  all  surveys  and  records,  and  shall 
carefully  preserve  in  his  office  all  plats  and  records,  and  all 
books,  maps  and  records,  pertaining  to  the  duties  of  his  office. 

421.  He  shall  employ  the  necessary  chainmen  and  such 
other  assistants  as  the  city  council  authorize,  which  said  chain- 
man  and  other  assistants  shall,  before  entering  upon  their 
duties,  be  duly  sworn  to  measure  accurately  and  justly,  and  to 
perform  their  respective  duties  to  the  best  of  their  knowledge 
and  ability. 

422.  He  shall  when  called  upon  by  persons  having  an  inter¬ 
est  in  lands  within  the  city  to  make  surveys  thereof,  other  than 
to  mark  the  established  grade,  for  which  no  charge  shall  be 
made,  before  doing  such  work  charge  and  receive  payment  in 
money  for  the  proposed  service  sufficient  to  cover  all  the  cost  of 
such  work  including  payment  for  his  time  spent  therein.  All 
money  so  received  shall  be  paid  to  the  city  treasurer  and 
reported  to  the  council. 

423.  Any  person  wishing  to  connect  or  have  connected  any 
private  drain  or  sewer,  with  any  public  sewer,  or  sewer  built  or 
owned  by  the  city,  shall  first  apply  to  and  obtain  a  written  per¬ 
mit  from  the  city  engineer  therefor,  whose  duty  it  shall  be  to 
prescribe  the  mode  of  tapping  the  public  sewers,  the  size  of  the 
openings  therein,  and  the  materials  to  be  used  in  such  connec¬ 
tions.  The  person  obtaining  such  permit  shall  present  the 
same  to  the  superintendent  of  streets  (or  to  such  other  person 
as  shall  be  appointed  by  the  mayor  for  that  purpose)  under 
whose  direction  and  supervision  the  work  of  making  such  sewer 
connection  shall  be  done.  Whoever  shall  violate  or  shall  fail  to 
comply  with  any  of  the  requirements  of  this  section,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars,  nor  more  than 
one  hundred  dollars  for  each  offense.  (See  Sec.  491.) 


120 


CITY  ORDINANCES. 


424.  He  shall  verify  all  plats  of  additions,  divisions  and 
subdivisions,  of  tracts  of  land,  lots  and  blocks,  within  the  city 
submitted  to  the  council  for  approval,  and  add  his  certificate 
thereto.  He  shall  see  that  substantial  and  permanent  monu¬ 
ments  are  placed  marking  the  boundaries  of  such  additions, 
divisions  and  subdivisions,  and  of  the  tracts,  blocks  and  lots,  and 
of  the  street  lines  therein,  such  monuments  to  be  plainly  shown 
on  the  certified  plat,  and  reference  to  other  well  established 
monuments  to  be  duly  noted. 

425.  He  shall  make  an  annual  report  in  writing  to  the 
council  at  their  first  regular  meeting  in  the  month  of  May  show¬ 
ing  a  general  abstract  of  all  the  operations  in  his  department 
during  the  previous  year,  the  work  executed  and  which  remains 
to  be  executed,  and  such  other  information  as  he  shall  deem  of 
interest  to  the  city  or  the  city  council  may  require,  and  shall 
make  reports  to  the  clerk  when  required  by  that  officer  to 
do  so. 


CHAPTER  X. 

FIRE  DEPARTMENT. 

426.  There  is  hereby  established  an  executive  department 
of  the  municipal  government  of  the  city  of  Monmouth  which 
shall  be  known  as  the  fire  department,  and  shall  embrace  the 
fire  marshal,  and  the  first  and  second  assistant  fire  marshals 
and  such  number  of  custodians  and  firemen  as  the  city  council 
may  see  fit  and  proper  to  prescribe  and  establish. 

427.  The  fire  marshal  shall  in  all  cases  of  fire  have  sole  and 
absolute  control  over  all  the  members  of  the  fire  department. 
He  shall  also  at  all  times  have  the  general  direction  and  manage¬ 
ment  of  all  fire  engines,  hose,  hook  and  ladders  and  other 
apparatus  belonging  to  the  fire  department,  and  shall  be  respon¬ 
sible  for  the  safety  and  good  condition  of  the  same.  He  shall 
once  in  each  year,  at  the  first  regular  meeting  in  May  report  to 
the  city  council  the  condition  of  the  fire  department,  and  the 
engines  and  other  apparatus  belonging  thereto,  and  shall  recom¬ 
mend  such  alterations,  improvements  and  additions  thereto  as  by 
him  may  be  deemed  necessary  and  expedient. 

428.  The  fire  marshal,  or  any  assistant  fire  marshal  in 
command,  may  prescribe  limits  in  the  vicinity  of  any  fire,  within 
which  no  persons  excepting  those  who  reside  therein,  firemen 
and  policemen,  and  those  admitted  by  order  of  any  officer  of  the 
fire  department,  shall  be  permitted  to  come. 


CITY  ORDINANCES. 


12 $ 


429.  The  fire  marshal  shall  inquire  into  and  investigate  the 
cause  of  all  fires  which  may  occur  in  the  city,  as  soon  as  may 
be  after  they  occur,  and  cause  to  be  kept  a  record  of  his  pro¬ 
ceedings,  and  file  the  same,  or  a  copy  thereof,  in  his  offiice. 

430.  It  shall  be  the  duty  of  the  said  assistants,  if  in  their 
power,  to  attend  all  the  fires  happening  in  the  city,  and  in  case 
of  the  absence  of  the  fire  marshal  at  any  fire,  it  shall  be  the  duty, 
of  the  first  assistant  to  take  charge  of  the  organization,  and  he 
shall  have  and  exercise  all  the  powers  of  the  fire  marshal;  and 
in  case  of  the  absence  of  both  the  tire  marshal  and  first,  assist¬ 
ant,  the  second  assistant  shall  have  and  exercise  the  duties  and 
powers  of  tire  marshal.  In  case  of  vacancy  in  the  office  of 
fire  marshal,  the  first  assistant  shall  discharge  the  duties  of' 
fire  marshal  until  the  vacancy  shall  be  filled. 

431.  The  firemen  shall  be  divided  into  such  companies  as 
the  city  council  may  on  the  suggestion  of  the  fire  marshal  from 
time  to  time  direct.  All  members  shall  be  able  bodied  men 
over  the  age  of  21  years;  and  no  person  shall  be  recognized  as  a 
member  of  any  company  who  shall  not  have  been  duly  elected 
as  such  by  a  majority  of  the  acting  members  of  the  company. 
The  number  of  men  in  any  company  shall  not  at  any  time 
exceed  20  unless  the  city  council  should  by  ordinance  or  reso¬ 
lution  otherwise  direct. 

*  432.  Each  company  of  firemen  may  adopt  such  a  constitution 
and  such  by-laws  and  rules  for  its  regulation  and  government, 
subordinate  to  the  ordinances  of  said  city,  as  it  may  deem  best 
calculated  to  accomplish  the  object  of  its  organization. 

433.  The  different  fire  companies  under  the  direction  of 
their  proper  officers,  shall  upon  every  alarm  of  fire  repair  .to  the 
place  of  the  fire  with  such  fire  apparatus  as  may  be  in  their 
care  and  control,  and  shall  at  such  tire  work  and  manage  such 
apparatus  under  the  direction  of  the  fire  marshal  and  his 
assistants,  and  in  case  of  the  absence  of  the  fire  marshal  and  his 
assistants,  they  shall  place  and  work  their  apparatus  in.  the 
most  effective  manner,  until  the  fire  be  extinguished.  If  any 
company  shall,  without  permission  of  the  fire  marshal  in  com¬ 
mand,  or  such  other  person  as  may  be  in  command,  leave  any 
fire  with  its  engine  or  other  fire  apparatus,  the  officer  directing 
the  command  of  such  company  while  so  leaving  shall,  upon  con¬ 
viction,  forfeit  and  pay  the  sum  of  twenty-five  dollars  for  each 
and  every  offense. 

434.  All  members  of  the  fire  department  are  he^eby- 
exempted  from  laboring  on  the  streets,  roads  and  other  p.iblic 
highways  of  said  city,  and  are  also  exempted  from  sitting  as% 


122 


CITY  ORDINANCES. 


jurors  in  police  prosecutions  before  the  police  magistrate  of  said 
city. 

435.  No  person  shall  in  any  manner  obstruct  the  use  of  any 
fire  hydrant  or  cistern,  or  have  or  place  any  material  in  front 
thereof  or  within  twenty  feet  from  either  side  thereof,  under 
the  penalty  of  ten  dollars  for  each  offense;  and  any  and  all 
material  found  as  an  obstruction  as  aforesaid  may  be  forthwith 
removed  by  any  member  or  members  of  the  fire  department 
and' at  the  risk,  cost  and  expense  of  the  owner  or  claimant. 

436.  Any  person  not  a  member  of  the  fire  department, who 
shall  personate  a  fireman  or  officer  of  the  fire  department  at  a 
fire,  or  going  to  or  returning  from  a  fire,  by  wearing  a  cap  or 
badge  or  in  any  other  way,  shall  be  subject  to  the  penalty  of  ten 
dollars  for  each  offense. 

437.  Every  person  who  shall  be  present  at  a  fire  shall  be 
subject  and  obedient  to  the  orders  of  the  fire  marshal  and  the 
assistant  fire  marshals,  in  extinguishing  the  fire  and  the  removal 
and  protection  of  property;  and  in  case  any  person  shall  refuse 
to  obey  such  orders,  he  shall  forfeit  and  pay  for  every  offense' 
the  sum  of  five  dollars:  Provided,  that  no  person  not  a  mem¬ 
ber  of  the  tire  department  shall  be  bound  to  obey  any  of  said 
officers,  unless  such  officers  shall  bear  their  respective  badges 
of  office,  or  their  official  character  shall  be  known  or  made  known 
to  him;  and  all  such  officers  shall  have  power  to  arrest  any  person 
or  persons  so  refusing  to  obey  such  lawful  orders  as  aforesaid, 
and  hold  them  in  custody  until  after  the  fire  is  extinguished, 
when  he  or  they  shall  be  taken  before  a  magistrate  to  be  dealt 
with  according  to  law. 

438.  It  shall  be  lawful  for  the  fire  marshal  and  the  assist¬ 
ant  fire  marshals  to  require  the  aid  of  any  drayman  with  his 
horse  and  dray,  driver  of  a  licensed  wagon  with  his  team  and 
wagon,  or  any  citizen,  inhabitant  or  bystander,  in  drawing  or 
conveying  any  engine  or  other  fire  apparatus  to  the  fire  and  in 
working  and  using  the  same  while  at  a  fire;  and  on  the  refusal 
or  neglect  of  any  person  to  comply  with  such  requisition,  the 
offender  shall  for  every  default  forfeit  and  pay  a  penalty  of  not 
less  than  five  dollars  nor  more  than  twenty  dollars. 

439.  Any  person  who  shall  willfully  make  any  false  alarm 
of  fire,  or  who  shall  hinder  or  interfere  with  any  city  officer  or 
member  of  the  fire  department  in  the  performance  of  his  duty, 
or  who  shall  willfully  drive  any  wagon  or  other  vehicle  on  the 
hose,  or  shall  in  any  manner  cut,  deface,  destroy,  injure,  disturb 
or  interfere  with  any  engine,  hose  or  other  apparatus,  machin- 


CITY  ORDINANCES. 


123 


ery  or  thing  belonging  to  the  city  or  any  portion  of  the  fire 
department  or  any  fire  company,  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars. 

440.  If  any  person  having  charge  of  an  engine  or  other 
fire  apparatus  shall  suffer  the  same  to  be  applied  to  private  uses 
without  the  consent  of  the  fire  marshal,  or  in  his  absence  of  the 
proper  assistant  fire  marshal,  he  shall  pay  a  penalty  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars  for  each  and  every 
offense,  and  shall  be  personally  liable  for  all  injuries  thereby 
accruing  to  such  engine  or  other  fire  apparatus. 

441.  The  acting  fire  marshal,  or  in  his  absence  the  mayor, 
shall  have  power,  in  his  discretion,  to  permit  any  fire  company 
to  go  with  their  respective  engines  and  other  fire  apparatus, 
beyond  the  limits  of  said  city,  to  be  absent  such  length  of  time 
as  he  may  direct  not  to  exceed  twelve  hours.  Any  officer  in 
command  of  any  company  who  shall  suffer  or  permit  the  engine 
or  other  fire  apparatus  in  charge  of  said  company  to  be  taken 
beyond  the  limits  of  said  city  without  such  permission,  shall, 
upon  conviction,  forfeit  and  pay  not  less  than  five  nor  more  than 
one  hundred  dollars  for  each  and  every  such  offense,  and  shall 
also  be  liable  for  all  injuries  that  may  happen  to  such  engine  or 
other  fire  apparatus  during  such  absence. 

442.  The  fire  marshal  in  command,  or  in  the  absence  of  the 
fire  marshal  and  his  assistants,  the  mayor  or  any  alderman  may 
direct  the  hook  and  ladder  men  to  cut  down  and  remove  any 
building,  erection  or  fence  for  the  purpose  of  checking  the  pro¬ 
gress  of  the  fire,  and  to  the  same  end  the  fire  marshal  in  com¬ 
mand  at  any  fire,  may  with  the  advice  of  a  member  of  the  city 
council,  blow  up  or  cause  to  be  blown  up  with  powder  or  other¬ 
wise,  any  building  or  erection  for  the  same  purpose. 

443.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  chapter,  for  which  no  other  penalty  is  provided,  shall  for¬ 
feit  the  sum  of  not  less  than  five  nor  more  than  twenty-five  dol¬ 
lars  for  each  and  every  offense. 

444.  The  custodians  subject  to  the  supervision  of  the  fire 
marshal  shall  have  the  care,  custody  and  control  of  all  the 
property  of  the  fire  department  at  the  respective  stations,  and 
the  tire  commissioners  shall  adopt  such  rules  for  the  govern¬ 
ment  of  such  custodians  and  the  care  of  the  property  placed 
within  their  custody  and  control  as  shall  be  deemed  advisable 
and  necessary,  and  any  custodian  failing  or  refusing  to  comply 
with  or  to  enforce  such  rules  and  regulations  shall  be  immedi¬ 
ately  removed  by  the  mayor. 


124 


CITY  ORDINANCES. 


CHAPTER  XL 

HEALTH  DEPARTMENT. 

445.  There  is  hereby  established  an  executive  department 
of  the  municipal  government  of  the  city  of  Monmouth,  which 
shall  be  known  as  the  health  department,  and  shall  consist  of  a 
board  of  health  composed  of  a  health  officer,  who  shall  be  a. 
physician  in  good  standing  in  his  profession,  and  two  citizens  of 
this  city,  who  shall  be  appointed  by  the  mayor,  by  and  with  the 
advise  and  consent  of  the  council,  at  their  first  regular  meeting 
in  May  of  each  year,  and  shall  hold  office  for  one  year,  and  until 
their  successors  are  appointed  and  qualified. 

446.  The  mayor  shall  be  ex-officio  president  of  the  board  of 
health,  and  the  city  clerk  shall  be  ex-officio  it  secretary. 

447.  The  board  of  health  shall  meet  at  the  council  chamber 
at  least  once  in  each  quarter  of  the  fiscal  year,  and  at  such  other 
times  and  places  as  they  shall  be  called  together,  as  otherwise 
provided  in  this  ordinance. 

448.  Two  citizens,  or  the  health  officer  and  one  citizen,  shall 
be  necessary  to  constitute  a  quorum  at  any  meeting  of  the 
board. 

449.  The  board  of  health  shall  have  the  power  to  make 
such  regulations  as  it  shall  deem  necessary  for  the  public 
health  and  safet}q  respecting  nuisances,  sources  of  filth  and 
cause  of  sickness  within  the  city. 

450.  When  the  board  shall  make  any  general  regulation 
in  regard  to  the  health  or  cleanliness  of  the  city,  it  shall  cause 
a  copy  of  such  regulation,  duly  attested  by  the  secretary,  to  be 
published  in  some  newsjmper  of  the  city  for  the  space  of  one 
week.  Such  publication  shall  be  deemed  a  legal  notice  to  all 
persons  of  the  regulation  so  made  by  the  board. 

451.  The  board  of  health  are  further  empowered  and 
directed : 

First.  To  exercise  a  general  sanitary  supervision  over 
the  City  of  Monmouth,  and,  to  that  end,  may  adopt  such  meas¬ 
ures  as  will  promote  the  cleanliness  and  health  of  the  city. 

Second.  To  cause  the  abatement  of  nuisances,  of  every 
sort,  in  any  manner  prejudicial  to  health,  on  private  property 
as  well  as  on  public  property. 

Third.  To  notify  the  owner  or  occupant  of  any  lot  or  par¬ 
cel  of  ground,  on  which  any  nuisance  or  cause  of  sickness 
exists,  or  is  found,  to  remove  the  same,  at  his  own  expense,, 
within  such  time  as  they  may  deem  reasonable. 


CITY  ORDINANCES. 


125 


Fourth.  To  require,  by  general  regulation  or  otherwise, 
the  owners  or  occupants  of  any  property  abutting  on  any  alley 
or  lane,  to  cleanse  said  alley  and  to  remove  therefrom  any 
filth  or  cause  of  sickness,  within  such  time  as  they  may  pre¬ 
scribe. 

Fifth.  To  make  such  regulations  and  orders  as  they  may 
deem  prudent  and  advisable  in  regard  to  the  cleansing  of 
drains,  sewers  and  other  passages  for  the  discharge  of  water 
within  the  city. 

Sixth.  To  make  such  regulations  and  use  such  precau¬ 
tions  as  in  their  judgment  will  prevent  the  introduction  into 
the  city  of  any  malignant,  infectious  or  contagious  disease,  and 
to  establish  hospitals. 

Seventh.  To  notify  the  supervisor  of  the  proper  town  of 
the  sickness  within  the  cily  or  within  one-half  mile  thereof,  of 
any  person  who  is  a  pauper  or  a  non  resident,  or  any  person 
not  coming  within  the  definition  of  a  pauper  of  any  county  or 
town,  from  an  infectious  or  contageous  disease,  and  not  having 
money  or  property  to  pay  his  board,  nursing  and  medical  aid, 
which  notice  shall  be  in  writing  and  shall  give  the  name  (if 
known)  of  the  person  so  sick  and  the  place  where,  and  in  said 
notice  shall  request  such  supervisor  to  take  thn  necessary 
steps  to  care  for  such  person  so  sick  or  diseased  and  to  prevent 
the  spread  of  said  disease,  and  in  giving  such  notice  shall  com¬ 
ply  as  near  as  can  be  with  whatever  rules  or  regulations  relat¬ 
ing  thereto  the  county  board  of  the  County  of  Warren  has  or 
may  adopt,  and  in  case  of  failure  or  refusal  of  such  supervisor 
of  the  town  or  county  authorities  to  promptly  and  properly 
care  for  such  person  so  sick  or  diseased,  the  board  of  health 
shall  take  and  adopt  such  measures  as  may  be  necessary  to 
properly  care  for  such  person  and  prevent  the  spread  of  such 
disease,  and  in  doing  so  shall  keep  an  account  of  all  expenses 
incurred  thereby. 

Eighth.  To  make  such  regulations  and  restrictions  in  re¬ 
gard  to  communication  or  intercourse,  by  and  with  ail  houses, 
tenements  or  other  places,  and  the  person  occupying  the  same, 
in  which  there  shall  be  any  person  sick,  with  any  contagious, 
malignant  or  infectious  disorder,  as  they  shall  deem  necessary 
and  proper. 

Ninth.  The  notice  referred  to  in  subdivision  three  (31  of 
this  section  shall  describe,  with  ordinary  certainty,  the  nui¬ 
sance,  or  cause  of  sickness,  the  removal  of  which  is  therein 
required,  and  shall  be  served  by  the  marshal  or  any  police 
officer,  or  by  any  constable,  in  the  way  that  notices  are  served 


126 


CITY  ORDINANCES. 


in  civil  actions.  If  the  owner  or  occupant  fails  to  remove  such 
nuisance  within  the  time  required  in  such  notice,  he  shall  be 
liable  to  a  penalty  of  not  more  than  twTenty-five  dollars  for  every 
day  during  which  he  knowingly  permits  such  nuisance  or  cause 
of  sickness  to  remain  after  the  time  prescribed  for  the  removal 
thereof,  and  if  the  board  or  health  officer  shall  cause  such  nui¬ 
sance,  or  cause  of  sickness  to  be  abated  or  removed,  the  ex¬ 
pense  of  such  removal  may  be  recovered  in  an  action  against 
either  the  owner  or  the  occupant,  as  either  may  have  been 
served  with  the  notice  to  remove,  or  against  both,  if  both  were 
served  with  such  notice. 

452.  The  city  marshal  shall  attend  all  meetings  of,  and 
serve  all  precepts  and  notices  issued  by  said  board  and  signed 
by  the  clerk,  and  shall  be  the  officer  of  the  board  of  health  to 
execute  any  orders  of  said  boai  d,  or  any  member  of  said  board, 
directed  to  him,  and  such  police  officers  as  the  board  of  health 
may  direct  shall  serve  notices  and  precepts  issued  by  said 
board,  and  shall  execute  all  orders  of  the  board  directed  to 
them;  and  shall  attend  1o  the  abatement  or  removal  of  all  nui¬ 
sances,  and  perform  such  other  duties  in  relation  to  nuisances 
as  the  board  may  direct;  and  as  oft^n,  and  in  such  manner,  as 
may  be  required  of  them,  shall  examine  the  condition  of  all 
streets,  lanes,  avenues,  alleys,  market  places  aud  public- 
squares,  and  private  yards  of  the  city,  and  report  to  said  board 
or  any  member  thereof,  all  nuisances  found  therein;  and  shall 
notify  persons  upon  whose  premises,  or  premises  occupied  by 
them,  any  nuisance  may  exist,  to  remove  the  same,  and  if  it  be 
not  removed  forthwith,  to  make  a  report  thereof  in  writing  to 
said  board  or  any  member  thereof;  to  visit  at  least  once  a  week, 
and  oftener  when  required  by  said  board  or  any  member 
thereof,  every  part  of  the  city;  to  arrest  any  person  found 
violating  any  city  ordinance  which  relates  to  the  sanitary  regu¬ 
lations  of  the  city;  and  to  arrest  persons  throwing,  or  permit¬ 
ting  to  be  thrown,  from  iheir  premises  into  their  yard,  or  into 
any  street  or  alley,  any  filth  or  other  matter  prohibited  by  the 
ordinances  of  the  city,  or  the  regulations  of  the  board  of 
health;  and  in  other  respects  to  exercise  the  utmost  dil¬ 
igence  in  enforcing  the  ordinance  in  regard  to  the  health  of 
the  city. 

453.  The  owner  or  occupant  of  every  lot  or  building,  or  any 
appurtenances  thereof,  shall  keep  every  part  thereof  free  from 
filth  or  anything  offensive  to  the  neighborhood  about  the  same, 
likely  to  contribute  to  disease  or  infection,  or  which  is  prohib¬ 
ited  by  the  board  of  health;  and  upon  failure  to  do  so,  it  is  here¬ 
by  made  the  duty  of  the  city  marshal  or  health  officer,  upon 
complaint,  inspection  or  order  of  the  board  of  health,  imrnedi- 


CITY  ORDINANCES. 


127 


ately  to  give  notice  to  the  owner  or  occupant  thereof,  and 
require  him  to  do  such  act  as  the  said  officer,  under  the  direc¬ 
tion  of  the  board  of  health,  shall  deem  necessary  for  the  health 
of  said  city,  and  in  case  of  failure  to  comply  with  such  require¬ 
ments  for  the  space  of  twelve  hours,  said  officer  is 
required  and  empowered  to  do  such  acts  himself,  keeping  a 
correct  account  of  all  the  expenses  of  the  same,  for  all  of  which, 
expenses  said  owner  or  occupant  shall  be  liable,  and  may  be 
lined  for  a  violation  of  the  provisions  of  this  ordinance. 

454.  It  shall  be  the  duty  of  every  physician  of  the  city  to 
report  to  the  health  officer  every  case  of  scarlet  fever,  diphth¬ 
eria,  cholera  or  other  contagious  or  infectious  disease  he  may 
be  called  upon  to  attend  within  the  city  limits  or  within  one 
mile  thereof, or  any  case  of  small-pox  he  may  be  called  upon  to 
attend  within  the  city  limits  or  within  five  miles  of  the  city, 
within  twelve  hours  after  he  shall  have  examined  the  patient, 
wTith  the  location  of  the  house,  and  name  of  occupant,  and 
street. 

455.  All  persons  having  scarlet  fever,  small  pox,  or  other 
contagious  or  infectious  disease  in  the  city  or  within  one-half 
mile  of  the  limits  thereof,  are  hereby  required  to  keep  closely 
confined  within  their*  respective  dwellings  or  places  of  abode; 
and  the  board  of  health  or  health  officer  may  cause  suitable 
notices  with  the  name  or  character  of  the  disease,  printed  or 
written  in  large  letters  thereon,  to  be  posted  up  in  the  most 
conspicuous  place  on  or  near  such  dwelling  or  place  of  abode, 
in  which  such  contagious  or  infectious  disease  exists;  and  if 
any  jaerson  or  persons  shall  deface,  alter,  mutilate,  destroy  or 
tear  down  such  notice,  without  permission  of  the  health  officer, 
such  person  or  persons  shall  be  liable  for  each  offense,  to  pay  a 
fine  of  not  less  than  five  dollars  nor  more  than  fifty  dollars; 
the  occupant  of  any  house  upon  which  such  notice  shall  be 
place  or  posted  as  aforesaid,  shall  be  held  responsible  for  the 
removal  of  the  same,  and  if  the  same  shall  be  removed  without 
the  permission  of  the  health  officer,  such  occupant  shall  be  sub¬ 
ject  to  the  like  fine  of  not  less  than  five  dollars  nor  more  than 
fifty  dollars,  unless  he  shall  notify  the  health  officer  within 
twenty-four  hours  after  the  removal  of  the  said  notice. 

456.  The  health  officer  may  take  such  measures  as  he 
may,  from  time  to  time,  deem  necessary  to  prevent  the  spread 
of  small-pox  by  issuing  an  order  requiring  all  persons  in  the 
city  or  any  part  thereof,  requiring  vaccination, to  be  vaccinated 
within  such  time  as  he  shall  prescribe;  and  all  persons  refus¬ 
ing  or  neglecting  to  obey  such  order  shall  be  liable  to  a  fine  of 
not  less  than  three  dollars  nor  more  than  twenty-five  dollars: 


*128 


CITY  ORDINANCES. 


Provided,  that  it  shall  be  the  duty  of  the  health  officer  to  pro¬ 
vide  for  the  vaccination  of  such  persons  as  are  unable  to  pay  for 
the  same  at  the  expense  of  the  city. 

457.  All  persons  are  required  to  obey  the  ordinances, 
precepts,  regulations  and  requirements  of  said  board  or  the 
health  officer;  and  whoever  shall  fail,  refuse  or  neglect  so  to  do, 
shall  be  guilty  of  a  misdemeanor,  and  fined  not  less  than  one 
nor  more  than  one  hundred  dollars. 

458.  It  shall  be  the  duty  of  the.  health  officer  to  call  meet¬ 
ings  of  the  board  of  health  whenever  in  his  opinion  there  is  a 
necessity  for  such  meeting,  and  to  issue  such  orders  and  take 
•such  measures  as  may  be  necessary  for  the  abatement  of  nui¬ 
sances  of  every  sort  in  any  manner  prejudicial  to  health, 
whether  on  public  or  private  property  within  the  city  limits,  or 
within  one-half  mile  thereoi;  to  see  that  the  orders  of  the 
board  of  health  are  obeyed,  in  relation  to  any  person  attacked 
by  a  contagious  disease;  to  attend  the  meetings  of  the  board  of 
health,  and  act  as  a  member  thereof. 

459.  The  board  of  health  shall  keep  a  correct  and  full 
account  of  all  expenses  incurred  by  them;  with  whom  and  on 
what  account;  and  whether  payable  by  the  county  or  city  or  by 
individuals,  and  shall  at  the  end  of  every  month  render  to  the 
city  council  an  account  of  all  expenses  that  may  have  been 
incurred  by  them  or  under  their  authority. 


CHAPTER  XII. 

MINERAL  OILS — INSPECTOR  OF. 

460.  Before  entering  upon  the  duties  of  his  office,  the  inspec¬ 
tor  of  mineral  oils  shall  take  the  oath  required  by  law  and  shall 
execute  a  bond  payable  to  the  people  of  the  State  of  Illinois  in 
the  sum  of  $500.00,  with  one  or  more  sureties,  to  be  approved 
by  the  mayor,  conditioned  for  the  faithful  discharge  of  the 
duties  of  his  office.  He  shall  perform  the  duties  required  of 
such  oil  inspector  by  the  laws  of  the  State  of  Illinois,  and  the 
ordinances  of  the  city. 


CHAPTER  XIII. 

POLICE  DEPARTMENT. 

461.  There  is  hereby  continued  and  established  a  depart- 


CITY  ORDINANCES. 


129 


ment  of  the  executive  branch  of  ihe  municipal  government 
which  shall  be  known  as  the  police  department,  and  consists  of 
the  mayor,  city  marshal,  sergeant  of  police,  and  such  number 
of  regular  policemen,  as  may  from  time  to  time  be  fixed  by  the 
city  council,  and  such  special  policemen  as  are  now  or  may 
hereafter  be  appointed.  The  officers  and  men  now  appointed 
and  constituting  the  present  police  department  shall  continue 
to  do  so,  subject  to  the  provisions  of  this  ordinance,  until  the 
expiration  of  their  respective  terms,  or  until  removed  or  their 
successors  are  appointed  and  qualified. 


462.  At  the  first  regular  meeting  of  the  city  council  in  the 
month  of  May  in  each  year,  after  the  expiration  of  the  terms  of 
office  of  the  officers  and  men  now  elected  or  appointed  respec¬ 
tively,  or  after  their  removal,  the  mayor,  with  the  approval  of 
the  city  council,  shall  appoint  as  a  regular  police  force  of  the 
city  to  serve  for  the  term  of  one  year  and  until  their  successors 
are  appointed  and  qualified,  a  city  marshal,  a  sergeant  of  police, 
and  such  number  of  regular  policemen  as  may  from  time  to 
time  be  fixed  by  the  city  council,  not  less  than  three  nor  more 
than  six.  The  mayor  may  also  appoint  at  any  time  wThen  he 
may  deem  it  necessary,  such  number  of  special  policemen  as  in 
his  judgment  the  public  good  may  require  to  act  during  such 
time  as  he  may  deem  necessary;  reporting  all  such  appoint¬ 
ments  to  the  city  council  at  its  next  meeting,  and  the  time  of 
service  of  any  such  special  policemen  shall  not  continue  after 
the  night  of  such  meeting  of  the  council  unless  by  the  order  of 
the  council.  Such  special  policemen  shall  receive  for  each 
day’s  service  the  sum  of  two  dollars,  and  during  their  time  of 


service  shall  possess  the  same  power 


o 

and  authority  as  regular 


policemen  and  be  subject  to  the  order  of  the  mayor  and  the  city 
marshal.  The  mayor  may  also  appoint,  with  the  approval  of 
the  city  council,  at  any  time,  any  number  of  special  policemen, 
to  serve  without  pay  from  the  city,  to  act  as  watchmen  in  and 
about  shops,  factories,  buildings,  parks,  cemeteries  and  other 
places.  Such  special  policemen  without  pay  shall  have  all  the 
qualifications  required  in  the  case  of  regular  policemen.  They 
shall  take  and  subscribe  the  same  oath  and  exercise  the  same 
powers,-  and  be  subject  to  the  rules  and  regulations  of  the 
police  department,  so  far  as  the  same  may  be  applicable  to 
them,  but  shall  not  be  paid  anything  by  the  city  for  their  ser¬ 
vices  as  policemen  unless  called  upon  by  the  mayor  to  assist  the 
regular  force,  when  in  such  case  they  may  be  paid  not  to  exceed 
the  amount  per  day  paid  for  like  services  performed  by  other 
special  policemen.  Special  policemen,  either  with  or  without 
pay,  shall  wear  their  stars  when  performing  any  official 
duty. 


130 


CITY  ORDINANCES. 


463.  The  city  marshal  shall  devote  his  whole  time  to  the 
municipal  affa  rs  of  the  city  of  Monmouth,  to  preserve  the 
peace,  order,  safety  and  cleanliness  thereof,  and  to  this  end  he 
shall  execute  and  enforce  all  ordinances  and  oiders  of  the  city 
council,  and  the  orders  of  the  mayor.  He  shall  be  charged 
with  the  duty  of  protecting  the  rights  of  persons  -nd  property, 
and  providing  a  proper  police  force  at  every  tire,  protecting 
strangers  and  traveJers  at  railway  stations,  and  causing  to  be 
enforced  ail  ordinances  of  the  city.  He  shall  take  notice  of  all 
nuisances,  impediments,  obstructions,  and  defects  in  the  streets, 
avenues,  alleys  and  public  places  of  the  city,  and  shall  remove 
the  same,  or  cause  immediate  notice  thereof  to  be  given  to  the 
superintendent  of  streets.  He  shall  have  power  to  arrest  all 
persons  in  the  ciiy  found  in  the  act  of  violating  any  law  or 
ordinance,  or  aiding  or  abetting  in  any  such  violation  and  shall 
arrest  all  persons  found  under  suspicious  circumstances,  and 
shall  take  all  such  persons  so  arrested  to  the  place  designated 
by  such  ordinances,  rules  and  regulations. 

464.  It  shall  be  his  duty  to  attend  all  meetings  of  the  city 
council,  and  of  the  board  of  health,  and  t .»  s  rve  all  w7rits. 
notices,  precepts  and  processes  issued  by  the  city  council  or 
any  committee  thereof  or  board  of  health  or  by  the  mayor,  city 
clerk,  or  police  magistrate  of  the  city,  except  such  as  may  be 
otherwise  provided  for;  to  collect  by  execution  or  otherwise  all 
tines,  forfeitures  and  penalties  which  may  accrue  to  the  said 
city  not  otherwise  provided  for  by  ordinance  or  resolution  of 
the  city  council ;  to  diligently  inquire  into  and  report  to  the 
mayor  all  violations  of  the  city  ordinances,  violations  of  the 
criminal  law  of  the  state,  breaches  of  the  peace,  and  to  prose¬ 
cute  the  persons  guilty  thereof;  to  ferret  out  all  suspicious  or 
disorderly  houses  in  the  city,  and  report  the  same  to  the  mayor, 
and  visit  all  parts  of  the  city  where  disturbances  or  breaches  of 
the  peace,  or  violations  of  any  ordinance  are  likely  to  occur;  to 
arrest  without  warrant  any  person  who  shall  be  found  violating 
any  ordinance  of  the  city,  and  bring  such  person  before  the- 
police  magistrate  to  be  dealt  with  according  to  law;  to  preserve 
and  keep  all  moneys  or  property  wThich  may  be  found  upon  the 
person,  in  possession  of  or  claimed  by  any  person  arrested  for 
crime,  and  pay  or  deliver  over  the  same  by  the  order  of  the 
mayor  of  the  city;  and  the  said  marshal  shall  on  or  before  the 
first  Monday  in  May  in  each  year  make  out  and  hand  over  to 
the  clerk  of  ihe  council  a  leport  of  all  money  received  by  him 
by  virtue  of  his  office,  arid  what  disposition  has  been  made  of 
the  same,  and  he  shall  in  the  discharge  of  his  duties  as  marshal, 
have  the  power  to  execute  writs  or  other  process  issued  by  the 
police  magistrate  or  justice  of  the  peace  anywhere  within  the- 


CITY  ORDINANCES. 


131 


limits  of  Warren  county,  and  in  the  discharge  of  his  duties,  he 
shall  be  invested  with  the  same  powers  as  are  conferred  upon 
constables  by  the  laws  of  the  state;  and  it  shall  be  his  imperi- 
tive  duty  to  be  active  and  vigilant,  and  enforce  the  several  pro¬ 
visions  of  all  the  ordinances  of  said  city,  and  he  shall  do  and 
perform  such  other  duties  as  may  be  required  of  him  by  ordin¬ 
ance,  resolution  or  order  of  the  city  council. 

465.  He  shall  have  the  care  and  custody,  subject  to  the 
supervision  of  the  mayor  and  city  council,  of  the  police  patrol 
wagon,  together  with  the  horse  or  horses  and  equipments  per¬ 
taining  thereto. 

466.  The  city  marshal  shall  at  the  first  regular  meeting  of 
the  council  in  each  month  of  the  fiscal  year  render  a  detailed 
report  to  the  council  in  writing  of  all  his  acts  as  city  marshal 
during  the  preceding  month,  with  a  statement  of  all  arrests 
made  in  the  city  by  him,  or  by  any  of  his  subordinate  officers 
during  said  preceeding  month,  and  at  the  same  time  a  statement 
to  the  clerk,  in  writing  of  all  moneys  received  and  all  sums  paid 
out  by  virtue  of  his  office  during  said  month,  and  shall  require 
all  his  subordinate  officers  to  make  a  report  to  him  at  the  close 
of  each  month,  showing  in  detail  the  number  of  arrests  made, 
name  of  person  arrested,  cause,  etc.,  and  the  receipt  and  dis¬ 
bursement  of  any  n:oneys  by  them  during  the  preceding 
month. 

467.  He  shall  prepare  and  submit  to  the  city  clerk  on  or 
before  the  first  Monday  of  May  in  every  year,  an  estimate  of 
the  whole  cost  and  expense  of  providing  for  and  maintaining 
the  department  of  said  city  during  the  coming  fiscal  year, which 
estimate  shall  be  in  detail,  and  shall  be  laid  by  said  clerk  before 
the  city  council,  with  his  annual  estimate. 

468.  It  shall  be  the  duty  of  the  sergeant  of  police  to  aid 
and  assist  the  marshal  in  preserving  ihe  peace  and  good  order 
of  the  city  and  in  enforcing  the  laws  and  ordinances  thereof. 
He  shall  have  power  to  arrest  any  person  whom  he  may  dis¬ 
cover  violating  any  of  the  laws  or  ordinances  of  the  city,  and 
shall  have  the  same  general  powers  and  perform  the  same  duties 
as  the  marshal,  and  in  the  absence  of  the  city  marshal  shall  be 
ex-officio  chief  of  police. 

469.  It  shall  be  the  duty  of  each  and  every  police  officer 
regular  or  special,  during  the  term  of  his  service  to  discover 
and  bring  to  justice  criminals,  and  all  persons  who  shsll  offend 
against  the  Jaws  and  ordinances  of  the  city;  and  perform  such 
other  duties  as  attach  to  the  functions  of  detective  and  police 
officers.  The  powers  of  the  said  policemen  shall  be  the  same  as 
those  of  the  city  marshal  of  said  city  on  all  occasions  of  arrest, 


132 


CITY  ORDINANCES. 


service  of  process,  and  quarrelling,  disturbances,  and  the  pre¬ 
venting  of  violations  of  the  laws  and  ordinances  of  this  city. 

470  All  policemen  shall,  when  on  duly  be  under  the 
direction  of  the  city  marshal,  or  in  his  absence,  the  sergeant  of 
police,  except  as  the  mayor  may  otherwise  order. 

471.  Every  police  officer  elected  or  appointed  by  virtue  of 
this  ordinance  shall  wear  on  his  breast  a  metal  star  when  acting 
in  discharge  of  his  official  duties. 

472.  In  all  cases  of  violation  of  any  ordinance  of  the  city, 
or  in  case  of  any  violation  of  the  criminal  laws  of  the  state,  it 
shall  be  the  duty  of  the  city  marshal,  sergeant  of  police,  or  any 
policeman  of  said  city,  upon  view  thereof,  or  upon  immediate 
pursuit,  forthwith' to  arrest  the  offender,  or  offenders  without 
warrant,  and  to  proceed  to  prosecute  such  offender,  or' offenders 
according  to  law.  And  the  city  marshal,  sergeant  of  police  or 
any  policeman  of  said  city,  may,  and  shall  if  necessary,  call  to 
his  aid  or  assistance  any  male  person  or  persons  who  are  resi¬ 
dents  of  said  city,  above  the  age  of  twenty- one  years;  and  any 
such  person  or  persons  who  shall  refuse  to  give  assistance 
when  so  called  upon  shall,  on  conviction,  forfeit  aud  pay  a  fine 
of  five  dollars. 

473.  The  powers  and  duties  of  the  city  marshal,  sergeant 
of  police,  or  any  of  the  aforesaid  policemen  acting  under  the 
authority  and  direction  of  the  city  marshal,  shall  extend  to 
regulating  and  directing  the  travel  and  movements  of  any  and 
all  persons,  teams,  horses,  carriages,  and  all  vehicles  traveling 
or  going  in  the  public  s  reefs  and  other  public  thoroughfares  of 
said  city,  for  the  purpose  of  preventing  collisions  or  injuries  to 
persons  and  property  while  going  or  traveling  on  any  such 
streets  and  thoroughfares,  and  each  and  all  p<  rsons  so  travel¬ 
ing  or  going  as  above  provided,  are  required  to  observe  and 
obey  the  orders  and  directions  of  the  city  marshal,  sergeant  of 
police,  or  any  policemen  of  said  city,  made  for  the  purpose 
aforesaid,  when  so  traveling  as  aforesaid;  and  any  person  or 
persons  violating  or  failing  or  neglecting  or  refusing  to  observe 
or  obey  any  such  orders  and  directions  of  the  city  marshal  or 
any  policeman  shall  on  conviction,  be  fined  five  dollars;  and  the 
city  marshal,  sergeant  of  police  or  any  such  policeman  may 
arrest  any  person  violating  this  section  of  this  ordinance  with¬ 
out  warrant. 

474.  It  shall  be  the  duty  of  every  police  officer,  immedi¬ 
ately  upon  an  alarm  of  fire,  to  repair  to  the  place  of  the  fire  and 
there  remain  subject  to  the  direction  of  the  mayor,  or  if  he  be 
not  present,  to  the  city  marshal  for  the  discharge  of  police 
duty,  and  to  aid  in  extinguishing  the  fire,  and  preserving  and 


CITY  ORDINANCES. 


m: 

protecting  property  as  well  from  the  fire  as  from  the  hands  of 
pilferers,  thieves  and  any  others  not  the  owner,  who  would 
make  away  with  such  property. 

475.  Any  member  of  the  police  force  who  shall  neglect  or 
refuse  to  perform  any  duty  required  of  him  by  the  ordinances  of 
the  city,  or  the  rules  and  regulations  of  the  department  of 
police,  or  who  shall  in  the  discharge  of  his  official  duties,  be 
guilty  of  any  fraud,  extortion,  oppression,  favoritism,  or  wilful 
wrong  or  injustice,  shall  forfeit  and  pay  a  penalty  not  exceed.- 
ing  one  hundred  dollars  for  each  offense. 


CHAPTER  XIV. 

CITY  SCAVENGER. 

476.  It  shall  be  the  duty  of  the  scavenger  to  collect  and’ 
remove  to  such  place  or  places  as  may  be  designated  by  the 
board  of  health  all  garbage,  slops,  night  soil  or  contents  of 
privy  vaults  whenever  he  shall  receive  notice  from  any  member 
of  the  board  of  health  or  from  persons  desiring  such  service 
rendered. 

477.  The  scavenger  shall  before  entering  upon  the  duties 
of  his  office,  provide  himself  with  a  water  tight  close  box,  or 
vehicle,  so  arranged  as  to  prevent  escape  of  liquids  and  offen¬ 
sive  odors  therefrom  in  the  conveyance  of  garbage,  si  ps  and 
other  matter  through  the  streets. 

478.  Said  scavenger  shall  be  governed  and  directed  by  the 
board  of  health  and  it  shall  be  unlawful  for  any  person  other 
than  the  city  scavenger  to  gather  up  and  convey  through  any 
street  or  alley  the  contents  of  privy  boxes,  pails  or  vaults  in 
any  other  than  a  tight  box. 

479.  No  privy  vault  shall  be  opened  or  contents  thereof 
disturbed  or  removed  between  the  hours  of  four  o’clock  a.  m. 
and  ten  o’clock  p.  m.  of  any  day;  and  any  scavenger  having 
undertaken  work  on  any  privy  vault  or  having  been  paid  in 
advance  for  such  work  shall  speedily  and  without  delay  proceed 
with  the  same  and  for  no  reason  abandon  it  until  completed;  in 
all  cases  leaving  the  privy  in  as  good  condition  upon  the  vault 
as  when  the  work  was  undertaken. 

480.  The  owner  or  occupant  of  any  prem'ses  upon  which 
any  privy  is  situated  or  upon  which  there  is  any  night  soil  shall, 
whenever  the  same  becomes  a  menace  to  health,  or  offensive,  or 


134 


CITY  ORDINANCES. 


so  that  the  odor  therefrom  is  discernable  at  any  dwelling  house, 
or  when  ordered  by  the  health  officer,  cause  the  drawer  or  vault 
of  such  privy  to  be  cleaned  or  such  night  soil  removed  from 
such  premises. 

481.  Any  person  violating  any  provision  of  this  chapter 
sha'l  be  subject  to  a  penalty  of  not  less  than  two  dollars  nor 
more  than  fifty  dollars  for  each  offense. 


CHAPTER  XV. 

CITY  SEXTON. 

482.  It  shall  be  the  duty  of  the  sexton  to  take  the  entire 
charge,  control  arid  superintendency  of  said  cemetery  subject 
to  the  order  of  the  council,  and  preserve  and  keep  in  proper 
repair  the  fences  and  enclosures  of  the  same;  to  keep  the 
grounds  in  good  order  and  as  far  as  practicable  prevent  the 
injury,  destruction  or  defacing  of  any  graves  or  grave  stones, 
tablets,  ornaments,  monuments  or  flowers  placed  or  erected  in 
said  cemetery.  It  shall  also  be  his  duty  to  point  out  to  persons 
wishing  to  purchase  all  lots  for  sale,  and  notify  the  clerk  when 
and  where  any  person  has  made  a  selection. 

483.  It  shall  also  be  his  duty  on  request  of  the  owner  or 
pers  m  controlling  any  lot  or  part  of  lot  in  the  cemetery  to  keep 
the  same  in  good  order  and  condition  by  cutting  the  grass 
thereon  or  otherwise  and  to  dig  all  required  graves  therein;  to 
attend  every  interment  in  person  or  by  some  capable  deputy;  to 
fill  and  immediately  trim  the  grave  after  depositing  the  coffin; 
to  fill  and  trim  the  graves  that  have  or  may  hereafter  fall  in;  to 
register  in  a  proper  book  kept  for  the  purpose  the  names,  ages, 
and  residence,  so  far  as  known,  of  all  persons  buried  therein, 
stating  the  place  where  buried;  which  register  shall  always  be 
open  for  inspection  of  the  council  and  public  and  persons  inter¬ 
ested  therein  without  charge.  He  shall  at  all  times  keep  the 
walks,  avenues  and  alleys  in  good  order  and  open  to  each  lot. 

484.  He  shall  give  his  entire  time  to  the  city  in  the  per¬ 
formance  of  his  duties,  and  when  it  becomes  necessary  in  order 
to  keep  the  graves  in  good  order  and  to  perform  such  other 
services  as  may  be  required  of  him  as  such  sexton,  he  shall  be 
authorized  to  hire  such  extra  help  as  is  needed  at  such  wages  as 
others  pay  for  like  or  similar  services,  and  he  shall  have  power 
to  contract  for  the  care  or  improvement  of  lots  in  the  cemetery, 
either  by  the  job  or  by  the  actual  time  spent,  at  such  price  as 
will  remunerate  the  city  therefor,  and  he  shall  keep  a  record  of 


CITY  ORDINANCES. 


135 


all  work  done  for  owners  of  lots  and  the  amount  due  therefor 
and  shall  return  all  such  accounts  to  the  city  clerk  who  shall  at 
once  deliver  the  same  to  the  city  collector  for  collection,  and 
said  sexton  shall  render  a  monthly  report  of  his  work  to  the 
city  council. 

485/*.  He  shall  have  power  to  preserve  order  in  the  cemetery 
and  to  expel  therefrom  at  any  time,  any  disturbers  of  the  peace 
orqui/dof  the  cemetery,  or  any  improper  character  resorting 
thereto. 


CHAPTER  XVI. 

STREETS— SUPERINTENDENT  OF. 

486  The  superintendent  of  streets  shall  have  charge  of 
the  improvement,  repair  and  cleaning  of  all  streets,  avenues, 
alleys,  highways,  and  all  grounds  belonging  to  or  occupied  by 
the  city,  except  as  by  statute,  ordinance  or  order  of  council  is 
or  may  be  otherwise  provided. 

487.  It  shall  be  his  duty  to  see  that  the  streets,  sidewalks 
and  alleys,  and  other  public  highways  of  the  city,  are  kept  in 
good  and  proper  repair,  and  to  superintend  such  repairs.  When 
improvements  are  ordered  to  be  made  on  any  street,  or  other 
public  highway,  by  the  council,  such  improvement,  except  when 
otherwise  provided  for,  shall  be  made  under  his  supervision 
and  pursuant  to  such  order.  In  repairs,  involving  a  probable 
cost  of  $20  or  over,  he  shall,  in  making  such  repairs  confer 
with,  and  act  under  the  direction  of  the  committee  on  streets 
and  alleys. 

488.  It  shall  also  be  his  duty  to  see  that  the  crossings  on 
the  public  streets,  within  the  business  portion  of  the  city,  and 
such  other  crossings  as  the  council  or  mayor  shall  from  time  to 
time  direct,  are  kept  clean,  and  free  from  mud,  ice  and  snow, 
and  that  the  wa  ks  about  ihe  public  parks,  city  buildings  and 
lots  are  likewise  properly  cleaned  whenever  the  same  maybe 
necessary. 

489.  He  shall,  annually  in  the  spring  of  the  year,  under 
the  direction  of  the  committee  on  streets  and  alleys,  cause  the 
streets,  avenues  and  alleys,  where  needed,  to  be  cleaned  and 
the  gutters  opened,  and  shall,  as  far  as  practicable,  keep  them 
in  that  condition  curing  the  year.  He  shall,  from  time  to  time, 
examine  the  sewers  culverts,  b  idge  ,  crosswalks  and  side¬ 
walks,  and  report  the  condition  of  the  same  to  the  city  council, 


136 


CITY  ORDINANCES. 


and  recommend  such  improvements  or  repairs  as  he  may  deem 
necessary. 

490.  He  shall  cause  all  ordinances  in  relation  to  streets  and 
alleys  to  be  enforced,  and  shall  prosecute  all  persons  for  viola¬ 
tions  thereof.  He  shall  carry  into  effect  all  such  orders  general 
or  special,  as  he  may  receive  from  the  city  council,  the  mayor, 
or  the  committee  on  streets  and  alleys,  and  for  any  wilful 
neglect  or  refusal  to  perform  any  duty  required  of  him  by  the 
laws  or  ordinances  of  said  city,  he  shall  be  liable  to  removal 
from  office. 

491.  He  may  by  authority  of  the  committee  on  streets  and 
alleys,  employ  such  number  of  .laborers,  teams  and  wagons  or 
carts,  as  may  be  necessary  for  the  doing  of  the  work  of  his 
department  and  such  as  may  be  required  of  him  by  law  or  by 
the  ordinances  of  said  ci  y,  but  not  to  pay  or  engage  to  pay  for 
such  labor  or  services  more  than  the  customary  rates  paid  by 
others  for  similar  labor  or  services.  He  shall  oversee  and 
direct  the  street  laborers  and  workmen,  and  require  them  to 
labor  faithfully,  and  shall  keep,  in  a  suitable  book,  a  correct 
account  of  their  time.  He  shall  also  supervise  all  connections 
of  private  drains,  or  sewers  with  the  public  sewers,  and  shall 
see  that  the  same  are  made  in  such  manner  that  no  injury  is 
done  to  the  public  sewers  and  in  the  absence  of  the  city  engin¬ 
eer  may  grant  permits  for  such  connections. 

492.  He  may  procure  the  necessary  implements  for  per¬ 
forming  street  labor,  or  material  for  bridges,  culverts  and 
cross  walks,  but  he  shall  purchase  no  implement  nor  any 
material  without  making  a  written  requisition  on  the  committee 
on  streets  and  alleys  of  the  city  council,  and  obtaining  their 
order  therefor;  and  when  he  shall  purchase  any  implement  or 
materials  for  the  use  of  the  corporation,  he  shall  report  the  bill 
therefor  to  the  said  committee.  He  shall  cause  all  implements 
or  tools  belonging  to  the  city  to  be  legibly  marked  or  branded 
with  the  letters  “C.  of  M.”  and  shall  cause  them  to  be  properly 
housed  or  protected  from  the  weather  when  not  in  use. 

493  He  shall  keep  a  correct  list  of  all  implements, 
materials  and  other  property  of  the  city,  in  his  charge  or  pos¬ 
session;  and  upon  the  expiration  of  his  term  of  office,  or  his 
resignation  thereof  or  removal  therefrom  he  shall  deliver  said 
property  to  his  successor  in  office,  if  there  be  such  and  if  not 
to  the  mayor,  taking  a  receipt  therefor,  which  he  shall  immedi¬ 
ately  file  with  the  city  clerk. 

494.  He  shall  at  the  first  regular  meeting  of  the  council  in 
each  month  make  a  full  report  of  his  doings,  which  report  will 
show : 


CITY  ORDINANCES. 


137 


First.  The  name  of  each  person  employed  by  him. 

Second.  The  time  which  each  person  has  performed 
labor  and  the  kind  of  labor. 

Third.  The  amount  due  to  each  person  for  such  labor. 

Fourth.  Upon  what  street  or  alley  or  other  highway, 
such  labor  was  performed. 

495.  When  an  ordinance  is  in  force  for  that  purpose,  it 
shall  be  his  duty  to  require  all  the  inhabitants  of  the  city  liable 
to  road  labor  to  perform  the  sam°;  to  superintend  and  to  direct 
such  labor  and  to  receive  in  commutation  thereof  the  amount 
provided  by  ordinance,  and  he  shall  make  monthly  reports  to 
the  city  collector  of  all  moneys  received  by  him  for  commuta¬ 
tion  pf  such  labor,  and  in  such  reports  shall  give  the  names  of 
all  persons  who  have  been  notified  to  labor  upon  the  streets  as 
required  by  ordinance,  and  who  have  failed  to  perform  such 
labor  or  pay  the  commutation  therefor,  and  shall  annually  on 
the  tirst  Monday  in  May,  make  a  detailed  report  to  the  city 
clerk  showing  the  en  ire  transactions  connected  with  his  office 
during  the  past  year,  and  shall  include  therein  the  total  amount 
received  by  him  as  commutation  for  road  labor,  the  names  of 
the  persons  paying  the  same,  and  also  the  names  of  all  those  in 
default  which  have  teen  reported  by  him  to  the  city  collector. 

495.  He  shall  prepare  and  present  to  the  city  clerk  on  or 
before  the  first  Monday  in  May  of  each  year,  an  estimate  of  the 
amount  that  will  probably  be  needed  for  street  purposes,  includ¬ 
ing  the  cost  of  constructing  and  repairing  sidewalks  for  the 
coming  fiscal  year. 


CHAPTER  XVII. 

CITY  TREASURER. 

497.  Except  when  otherwise  provided  by  law  or  ordinance 
it  shall  be  the  duty  of  the  city  treasurer  to  collect  and  receive 
all  moneys  due  to  or  beh  nging  to  the  city,  and  he  shall  pay  all 
orders  or  warrants  authorized  by  the  council  and  properly 
drawn  against  a  particular  fund,  signed  by  the  mayor  and 
countersigned  by  the  city  clerk.  If  at  the  time  any  such  order 
or  warrant  is  presented  to  him  for  payment,  there  is  not  in  his 
hands  money  belonging  to  the  fund  against  which  such  order  or 
wTarrant  is  drawn,  he  shall  endorse  thereon  the  words,  “Pre¬ 
sented  for  payment  but  no  money  in  fund  with  which  to  pay,” 
(noting  the  date)  and  shall  sign  the  same  in  h's  official  capac¬ 
ity.  He  shall  make  an  entry  of  the  number,  date  and  amount 


138 


CITY  ORDINANCES. 


of  such  order,  to  whom  payable,  and  on  what  fund  and  the 
-date  of  its  presentment,  and  he  shall  make  report  of  all  such 
orders  or  warrants  to  the  city  clerk  in  his  monthly  report. 

498.  He  shall  report  to  the  city  clerk  any  officer  who  may 
fail  to  make  a  return  of  the  moneys  received  by  him  at  the  time 
required  by  law  or  by  the  ordinances  of  the  city,  and  shall 
make  such  other  reports  and  perform  such  other  duties  as  is  or 
shall  by  law  or  ordinance  be  required  of  him. 

499  When  any  city  warrant  shall  be  lost  or  destroyed,  so 
that  it  cannot  be  presented  to  the  treasurer  for  payment  by  the 
person  entitled  thereto,  such  person  shall  apply  by  petition  to 
the  city  council  for  relief,  and  the  council  may  order  the  clerk 
to  issue  a  duplicate  warrant  to  the  person  so  entitled  to  pay¬ 
ment,  upon  his  filing  an  affidavit  of  the  loss  or  destruction  of 
the  original,  and  giving  bond  or  security  to  the  city  to  refund 
the  amount  of  such  warrant,  and  pay  all  costs  in  case  the  orig¬ 
inal  or  lost  warrant  should  be  presented,  and  said  city  be  com¬ 
pelled  to  pay  the  same. 

500.  He  shall  cause  to  be  kept  books  of  accounls,  so  as  to 
show  in  a  plain,  simple  and  methodical  manner  all  moneys 
received  by  him  and  from  whom,  and  on  what  account  or  fund 
they  have  been  received;  and  all  moneys  paid  out  by  him  and  on 
what  account  or  fund  they  shall  have  been  paid. 


CHAPTER  XVIII. 

WATER  WORKS — SUPERINTENDENT  OF. 

501.  The  superintendent  of  water  works  shall  exercise  a 
general  supervision  over  the  city  water  works,  and  any'  or  all 
property  pertaining  thereto,  and  it  shall  be  his  duty  to  dili¬ 
gently  care  for  the  same,  and  to  protect  it  from  unnecessary 
damage  or  loss,  and  to  keep  said  water  w^orks  system  and  every 
part  thereof  in  good  working  order  and  repair  at  all  times;  he 
shall  by  and  with  consent  of  the  mayor  at  such  wages  as  may 
be  fixed  by  the  city  council  employ  and  have  general  supervis 
ion  over  the  engineers,  firemen  and  all  employes  in  the  water 
■department,  and  shall  have  power  to  discharge  any  inefficient  or 
'•insubordinate  employe,  subject  to  the  approval  of  the  mayor; 
Re  shall  superintend  the  making  of  all  necessar/  repairs  of 
«very  kind  and  nature,  and  shall  inquire  diligently  after  all 
►offenses  against  the  laws  or  ordinances  of  the  city  in  relation 
To  water  works  or  water  system  of  the  city  and  cause  suits  to  be 
instituted  for  the  penalties  incurred  or  damages  occasioned 


CITY  ORDINANCES. 


139 


thereby;  and  further  he  shall  discharge  all  duties  imposed  upon 
hirn  by  any  ordinance  of  the  city  or  resolution  of  the  council, 
or  o#rder  of  the  mayor  or  water  works  committee. 

502.  He  shall  have  charge  of  the  tapping  machinery  and 
tools,  and  shall  superintend  all  the  necessary  tapping  of  the 
water  mains,  and  he  shall  in  connection  with,  and  under  the 
approval  of  the  water  works  committee  of  the  city  council, 
make  all  necessary  purchases  of  materials  and  supplies  for  use 
in  his  department,  and  whenever  repairs  of  works  under  his 
charge  are  necessary,  which  he  and  the  regular  employes  of 
his  department  are  unable  to  make  that  he  in  connection  with 
and  under  the  direction  and  approval  of  the  said  water  works 
committee,  shall  provide  for  and  have  repairs  made,  and  in  con¬ 
nection  with  the  said  committee,  he  shall  have  a  right  to  fix  all 
such  water  rates  or  charges  not  fixed  by  ordinance,  subject  to 
the  approval  of  the  city  council. 

503.  He  shall  at  all  times  and  in  all  things  pertaining  to 
the  superintendence,  management  and  care  of  said  water  works 
be  subject  to  the  supervision  and  direction  of  the  city  council 
and  of  its  water  works  committee. 

504.  He  shall  at  the  first  regular  meeting  of  Ihe  city  coun¬ 
cil  in  each  month  present  a  report  of  all  work  done  under  his 
supervision  during  the  previous  month,  describing  in  detail  the 
nature  and  character  of  the  work  and  the  cost  thereof. 

505.  He  shall  keep  a  correct  list  and  account  of  all  tools, 
implements  and  other  property  of  the  city  in  his  charge,  and 
shall  be  accountable  therefor.  Whenever  he  shall  purchase  any 
tools,  implements  or  other  property  on  account  of  the  city  he 
shall  immediately  report  the  same  to  the  city  clerk  who  shall 
charge  him  with  the  same.  He  shall  deliver  all  tools,  implements 
and  other  property  belonging  to  the  city  to  his  successor  in 
office,  or  if  there  be  none  to  the  mayor,  taking  his  receipt 
therefor,  which  receipt  he  shall  file  with  the  city  clerk,  who  shall 
credit  him  with  the  same  and  charge  his  successor  therewith. 


CHAPTER  XIX. 

WEIGHTS  AND  MEASURES — INSPECTOR  OF. 

506.  The  inspector  of  weights  and  measures  shall  at  least 
once  in  each  year  examine  and  inspect  all  weights,  measures, 
scale  beams,  patent  balances,  steel-yards,  and  other  instru¬ 
ments  used  for  weighing  at  the  stores  and  places  where  the 
same  may  be  in  use,  and  in  case  they  be  found  conformable  to 


140 


OITY  ORDINANCES. 


the  standard  of  this  state,  he  shall  seal  the  same  and  deliver  to 
the  owner  thereof  a  certificate  of  their  accuracy;  but  in  «case 
any  of  them  be  found  not  conformable  to  the  standard  of  this 
state,  they  shall  be  sent  by  the  owner  thereof  at  his  expense,  to 
the  said  inspector  for  the  purpose  of  being  adjusted  and  sealed 
within  three  days  after  the  owner  thereof  shall  be  required  to 
do  so  in  writing  by  the  said  inspector  under  penalty  of  ten  dol¬ 
lars  for  such  neglect. 

507.  He  shall  on  the  written  complaint  of  any  person,  that 
any  instrument  used  in  weighing  in  the  city  is  not  conformab'e 
to  the  standard  of  the  state,  forthwith  inspect  the  same.  The 
fees  for  making  said  inspection,  if  the  instrument  complained 
of  be  found  to  be  not  conformable  to  the  standard,  shall  be  paid 
by  the  owner  of  the  instrument,  but  if  found  to  be  correct  shall 
be  paid  by  the  person  complaining. 

508  He  shall  make  a  register  of  all  the  weights,  meas¬ 
ures,  scale  beams,  patent  balances,  str  el-yards,  and  other  instru¬ 
ments  used  for  weighing,  inspected  and  sealed  by  him,  in  which 
he  shall  state  the  names  of  the  owners  of  the  same,  and 
whether  they  are  conformable  to  the  standard  of  the  state.  And 
he  shall  once  in  each  year  deliver  a  copy  of  the  register  so 
made  or  kept  by  him,  to  the  city  clerk. 

509.  He  shall  report  forthwith  to  the  city  attorney  the 
names  and  places  of  business  of  all  persons  making  use  of  any 
fraudulent  or  unsealed  weights,  measures,  scales,  balances, 
gauge  or  any  instrument  used  for  the  purposes  above  de¬ 
scribed. 

510.  It  shall  not  be  lawful  for  the  said  inspector  to  vend 
any  weights,  measures,  scale  beams,  patent  balances,  steel¬ 
yards  or  other  instruments  to  be  used  for  weighing,  or  measur¬ 
ing,  or  to  offer  or  expose  the  same  for  sale  in  the  city  of  Mon¬ 
mouth  under  the  penalty  of  fifty  dollars  for  every  such  offense. 

511.  It  shall  not  be  lawful  for  the  said  inspector  to  make 
any  charges  for  inspecting  and  examicing  weights,  measures, 
or  other  instruments  used  for  weighing  more  than  once  in  each 
year,  unless  they  shall  be  found  to  be  not  conformable  to  the 
said  standard. 

512.  He  shall  be  entitled  to  demand  and  receive  before  the 
delivery  of  the  certificate  mentioned  the  following  fees: 

For  inspecting  and  sealing  railroad  or  track  scales  of  the 
capacity  of  twenty  tons  and  upward,  each,  three  dollars. 

For  inspecting  and  sealing  scales  of  from  three  to  ten  tons 
capacity,  each,  two  dollars. 


CITY  ORDINANCES. 


141. 


For  inspecting  and  sealing  dormant  scales,  each,  twenty  five 
cents. 

For  inspecting  and  sealing  movable  platform  scales,  each, 
twenty-five  cents. 

Fv  r  inspecting  and  sealing  scale  beams  weighing  one 
thousand  pounds  and  upward,  each,  twenty-five  cents. 

For  inspecting  and  sealing  hopper  scales,  each,  one  dollar. 

For  inspecting  and  sealing  counter  scales,  each,  twenty-five 
cents. 

-  For  inspecting  and  sealing  every  patent  balance,  steel¬ 
yard  or  other  instruments  for  weighing  other  than  above 
enumerated,  each,  fifteen  cents. 

And  with  each  scale  sealed  by  him  he  shall  inspect  and  seal 
one  set  of  weights  without  any  additional  charge 

For  inspecting  and  sealing  any  dry  or  liquid  measure,  each, 
ten  cents. 

513.  AU  pei  sons  using  any  we  ghts,  measures,  scale  beams, 
patent  bala  ees,  steel  yards,  or  any  other  instrument  in  weigh¬ 
ing  or  measuring  any  article  cr  commodity  intended  to  be  pur¬ 
chased  or  sold  in  the  city  of  Monmouth,  shall  cause  the  same 
to  be  inspected  and  sealed  by  the  inspector  of  weights  and 
measures  in  said  city,  and  all  itinerant  peddlers  and  hawkers 
using  scales,  balances,  weights  or  measures,  or  any  other  instu- 
ment  in  weighing  or  measuring,  shall  take  the  same  to  the 
inspector  of  weights  and  measures  before  using  the  same  and 
have  the  same  sealed  and  adjusted  once  in  each  year;  and  any 
such  itiner  >nt  peddler  or  hawker  failing  to  comply  vfith  the 
provisions  of  this  section  shah  each  forfeit  and  pay  to  the  said 
city  a  sum  of  not  less  than  five  dollars  nor  more  than  ten 
dollars,  with  the  costs  of  prosecution  for  each  and  every  day 
such  person  or  persons  shall  use  any  weights,  measures,  or  any 
instrument  in  weighing  or  measuring  without  having  the  same 
inspected  and  sealed  as  hereinbefore  provided,  after  having 
been  notified  so  to  do  by  the  inspector. 

514.  Any  person  who  shall  sell  or  offer  for  sale,  any  fruit, 
vegetables,  berries  or  grain  of  any  description,  or  any  article 
Qf  dry  measurement  within  the  city  of  Monmouth,  in  wine 
measures  or  in  any  other  than  legal  dry  measures,  which  shall 
Pave  been  rated  by  the  inspector  of  weights  and  measures, 
whether  of  pint,  quart  or  any  other  contents;  or  who  shall 
practice  deceit  or  fraud  in  the  sale  of  wood  or  coal,  by  sellin 
for  a  cord  of  wood  less  than  128  cubic  feet  of  wo  d,  or  for 
ton  of  coal  less  than  2000  pounds  of  coal,  shall  be  subject  to  a 


be  & 


142 


CITY  ORDINANCES. 


fine  of  not  less  than  five  dollars  nor  more  than  twenty -five 
dollars. 

515.  Any  person  who  shall  in  weighing  or  measuring  any 
article  for  purchase  or  sale,  within  the  city  of  Monmouth,  use 
any  weight,  measure,  scale  beam,  patent  balance,  steel-3  ard,  or 
other  instrument  not  sealed,  or  without  having  first  obtained 
the  aforesaid  certificate  from  the  inspector  as  required  by  this- 
ordinance,  shall  be  subject  to  a  fine  of  twenty-five  dollars  for 
each  and  every  offense. 

516.  No  person  shall  refuse  to  exhibit  any  weights,  meas¬ 
ures,  scale  beams,  patent  balances,  steel-yards,  or  other  instru¬ 
ments  used  in  weighing  and  measuring  to  said  inspector  for  the 
purpose  of  being  so  inspected  or  examined,  nor  shall  in  any  way 
or  manner  hinder  or  obstruct  or  molest  said  inspector  in  the 
performance  of  the  duties  as  hereby  imposed  upon  him;  and 
any  person  violating  any  of  the  provisions  of  this  section  shall 
be  subject  to  a  fine  of  twenty-five  dollars  for  each  and  every 
offense. 

517.  The  city  clerk  at  the  expense  of  the  city,  shall  pro¬ 
cure  correct  and  approved  standards  of  weights  and  measures 
of  the  standard  adopted  by  the  state  of  Illinois,  with  their 
necessary  subdivisions,  together  with  the  proper  beams  and 
scales,  for  the  purpose  of  testing  and  proving  the  weights  and 
measures  of  said  standard  used  in  the  city. 


CHAPTER  XX. 

WEIGHM  ASTER. 

518.  It  shall  be  the  duty  of  the  weighmaster  to  attend  te> 
the  city  scales  at  all  reasonable  times,  to  weigh  or  measure  any 
load  for  any  person  who  may  desire;  and  he  shall  keep  an 
account  of  the  weight  or  measurement  of  such  load,  the  date  of 
the  same,  and  the  name  of  the  person  for  whom  weighed  or 
measured,  and  shall  furnish  to  him  a  certificate  for  each  load, 
which  certificate  shall  contain  the  gross  and  net  weight  or 
measurement  of  such  load,  date  and  name  of  person;  and  he 
shall  compute  the  net  weight  or  measurement  into  the  other 
denominations  according  to  the  standard  of  weights  and  meas¬ 
ures  of  the  state  of  Illinois,  and  a  table  of  standard  weights 
and  measures  shall  be  posted  at  some  conspicuous  place  in  his 
office. 

519.  He  shall  give  no  certificate  for  any  load  wTeighed  by 
him  without  having  weighed  the  empty  wagon  or  vehicle  within 


CITY  ORDINANCES. 


14S 


twelve  hours  before  or  twelve  hours  after  such  load  was 
weighed,  unless  he  has  the  consent  of  the  buyer  of  the  load.  It 
shalL  be  the  rule  that  the  driver  of  all  teams  be  off  the  wagon 
when  weighed,  and  it  shall  be  the  duty  of  the  city  weigher  to 
mark  on  the  certficate  any  deviation  from  this  rule. 

520  He  shall  report  monthly  to  the  city  council  an  aggre¬ 
gate  of  the  amount  of  the  receipts  of  the  city  scales;  and  shall 
exhibit  to  said  board  the  receipt  of  the  city  treasurer  for  what¬ 
ever  sum  may  be  due  the  city. 

521.  The  charge  for  weighing  each  and  every  load,  or 
other  article  or  thing,  or  measuring  each  load  of  wood,  shall  be 
ten  cents  to  be  paid  by  the  seller. 


CHAPTER  XXI. 

OFFICIAL  BONDS. 

•522.  The  several  city  officers  except  aldermen  shall  before¬ 
entering  upon  the  discharge  of  the  duties  of  their  office  give 
bond  to  the  city  of  Monmouth  in  the  sum  hereinafter  named  for 
their  respective  offices,  which  bond  shall  be  signed  by  the  prin 
cipal  thereof,  with  good  and  sufficient  securities  to  be  approved 
by  the  city  council. 

523.  The  bond  of  each  such  officer  shall  be  conditioned 
that  he  will  faithfully  perform  the  duties  of  his  office  and 
account  for  and  pay  over  to  the  city  treasurer  all  moneys 
received  by  him  according  to  law  and  the  ordinances  of  the  city 
or  received  by  him  on  account  of  or  belonging  to  the  city,  and 
that  he  will  turn  over  all  other  property  in  his  possession  be¬ 
longing  to  the  city  to  his  successor  in  office  or  to  other  proper 
officer. 

524.  No  member  of  the  city  council  or  officer  of  the  city 
shall  be  received  as  surety  on  the  official  bond  of  any  city 
officer,  nor  on  any  other  bond  given  to  the  city  by  any  other 
person  for  any  purpose  whatever. 

525.  The  several  city  officers  hereinafter  named  shall  give-, 
bonds  as  herein  provided,  as  follows: 

The  mayor  in  the  sum  of  three  thousand  dollars. 

The  city  clerk  in  the  sum  of  five  thousand  dollars. 

The  city  attorney  in  the  sum  of  one  thousand  dollars. 

The  city  collector  in  the  sum  of  fifteen  thousand  dollars. 

The  city  treasurer  in  a  sum  to  be  fixed  by  resolution  of  the 
city  council  each  year,  which  sum  shall  not  be  less  than  the 


144 


CITY  ORDINANCES. 


amount  of  the  estimated  taxes  and  special  assessments  for  the 
current  year. 

The  city  engineer  in  the  sum  of  one  thousand  dollars. 

The  city  superintendent  of  streets  in  the  sum  of  five  thou¬ 
sand  dollars. 

The  city  superintendent  of  water  works  in  the  sum  of  five 
thousand  dollars. 

The  city  inspector  of  mineral  oils  in  the  sum  of  five  hun¬ 
dred  dollar.-,  payable  to  the  people  of  the  state  of  Illinois 

The  city  inspector  of  weights  and  measures  in  the  sum  of 
one  thousand  dollars. 

The  city  weighmaster  in  the  sum  of  five  hundred  dollars. 

The  city  sexton  in  the  sum  of  one  ihousand  dollars. 

The  city  marshal  in  the  sum  of  five  thousand  dol  ars. 

The  sergeant  of  police  in  the  sum  of  two  thousand  dollars.  • 

Each  policeman  in  the  sum  of  five  hundred  dollars. 

The  fire  marshal  in  the  sum  of  one  thousand  dollars. 

Each  assistant  fire  marshal  in  the  sum  of  five  hundred 
dollars. 

The  city  health  officer  in  the  sum  of  five  hundred  dollais. 

The  city  scavenger  in  the  sum  of  five  hundred  dollars. 


CHAPTER  XXII. 

SALARIES,  FEES  AND  WAGES  OF  OFFICERS  AND  CERTAIN 

EMPLOYES. 

526.  The  salary,  fees  and  compensation  of  said  officers 
and  other  persons  rendering  service  to  the  city  when  not 
otherwise  specially  provided  for  shall  be  as  follows: 

The  mayor,  per  annum,  six  hundred  dollars. 

The  aldermen,  each,  $3.00  for  each  meeting  actually  attended 
by  him 

The  board  of  health,  each  member  shall  have  a  reasonable 
compensation  for  services  rendered. 

The  city  attorney,  per  annum,  six  hundred  dollars. 

The  city  clerk,  per  annum,  seven  hundred  dollars. 

The  city  collector,  per  annum,  seven  hundred  dollars. 

The  city  engineer,  per  annum,  five  hundred  dollars,  pro¬ 
vided  that  for  services  rendered  upon  public  improvements 


CITY  ORDINANCES 


145 


'where  such  improvements  are  paid  for  by  special  taxation  or 
special  assessment,  he  shall  receive  in  addition  the  sum  of 
$4.00  per  day  to  paid  out  of  the  special  taxes  or  special  assess¬ 
ments  collected  for  such  improvements. 

The  city  inspector  of  mineral  oils,  for  inspecting,  branding 
or  condemning  each  tank  of  oil  $5  00,  to  be  paid  by  the  party 
requiring  the  inspection. 

The  city  marshal,  per  annum,  seven  hundred  dollars. 

The  sergeant  of  police,  per  annum,  six  hundred  dollars. 

Policemen,  regular,  each  per  annum,  six  hundred  dollars. 

Policeman,  regular,  janitor  at  court  house,  per  annum,  one 
hundred  and  twenty  dollars. 

City  fire  marshal,  per  annum,  one  hundred  dollars. 

Custodian  of  engine  house  No.  1  and  No.  2,  per  annum,  each, 
six  hundred  and  sixty  dollars. 

Custodian  of  hose  house  No.  3,  per  annum,  thirty- six 
dollars. 

The  payment  of  the  fees  and  compensation  of  the  police 
magistrate  or  any  justice  of  the  peace  in  all  prosecutions  for 
the  violation  of  any  ordinance  of  the  City  of  Monmouth  in 
which  the  costs  or  any  part  thereof  shall  be  adjudged  against 
said  city,  shall  in  each  instance  be  in  the  discretion  of  the  city 
council,  provided  that  in  no  suit  shall  any  fees  be  allowed 
unless  the  suit  was  authorized  by  some  city  officer. 

City  scavenger  for  emptying  one  barrel  of  slop  not  to  exceed 
forty  two  gallons,  35  cents;  one  half  barrel,  25  cents;  for  clean¬ 
ing  privy  vaults  $3  00,  or  in  case  the  contents  exceed  fifteen 
cubic  feet  at  the  rate  of  10  cents  each  additional  cubic  foot. 

The  city  sexton,  per  annum,  the  sum  of  six  hundred  dol¬ 
lars  with  the  use  of  house  in  which  he  lives  and  all  of  the  grass 
off  the  grounds,  he  to  furnish  a  horse  for  use  on  grounds,  the 
city  to  furnish  cart  and  harness. 

The  superintendent  of  streets,  per  annum,  seven  hundred 

dollars.  • 

The  city  treasurer,  per  annum,  two  hundred  dollars. 

The  superintendent  of  water  works,  per  annum,  seven 
hundred  and  eighty  d( 'liars. 

Water  works  engineers,  each  per  annum,  seven  hundred 
and  twenty  dollars. 

Weighmaster — whatever  fees  may  be  received  by  him  in 
the  performance  of  his  duties,  he  to  pay  thereout  for  necessary 

fuel. 


146 


CITY  ORDINANCES. 


Provided,  that  until  the  expiration  of  the  present  term  of 
office  held  by  each  officer,  he  shall  be  paid  such  fees  or  salary 
as  is  now  provided  by  law  or  ordinance. 


CHAPTER  XXIII. 

OFFICERS— UNIFORMS. 

527.  That  hereafter  the  city  marsha1,  sergeant  of  police, 
policemen  on  regular  duty,  custodians  of  fire  apparatus  whose 
time  is  fully  paid  for  by  the  city,  and  the  city  sexton,  shall 
wear  uniforms  in  accordance  with  the  following  specifications: 

528.  All  uniform  garments  for  members  of  the  police  de¬ 
partment  for  summer  and  winter  wear  must  be  warranted  not 
to  fade  or  change  color,  which  must  be  dark  blue  and 
must  be  made  of  the  following  weights:  For  overcoats  smooth 
finish,  26  ounces;  for  pants  (doeskin),  26  ounces;  for  blouse 
suits,  1 9  ounces. 

529.  For  city  marshal:  The  overcoat  shall  be  a  double 
breasted  frock  coat,  with  rolling  collar  of  same  cloth  2-J-  inches 
deep;  two  gold  six  point  stars  $  inch  in  diameter.  The  waist 
to  extend  to  the  hip  and  the  skirt  to  four  inches  below  the 
bend  of  the  knee;  eight  buttons  on  each  side  in  groups  of  two; 
two  on  the  hip;  two  on  the  bottom  of  each  pocket  and  three 
small  buttons  on  ihe  under  seam  of  cuffs  sunk;  body  of  coat  to 
be  lined  wfith  double  warp  black  serge,  and  sleeves  of  printed 
satin  cloth. 

580  Sergeant  of  police:  Same  as  for  marshal,  except  on 
the  collar  one  go’d  six  pointed  star.  The  gold  wreath  of  the 
helmet  shall  encircle  the  words,  “Sergeant  of  Police,  ”  in  silver 
letters  worked  on  light  blue  cloth. 

531.  For  regular  policemen-  Same  as  for  sergeant  of 
police,  except  the  collar  shall  be  without  stars;  twTo  small  but¬ 
tons  on  the  under  seam  of  the  cuffs  sunk.  The  wreath  on  the 
helmet  shall  encircle  the  number  of  the  officer,  corresponding 
with  the  star  number. 

532.  The  body  coat  shall  b^a  single  breasted  sack  coat, 
double  stitched,  length  to  extend  four  inches  below  crotch; 
collar  of  same,  cloth  twTo  inches  wide  and  buttoned  close  to  the 
chin;  to  be  made  without  wadding,  and  to  have  two  inside 
pockets  in  breast.  Stars  on  collar  of  marshal  and  sergeant  of 
police  same  as  on  overcoat.  The  vest,  single  breasted,  with 
eight  buttons  placed  at  equal  distances,  and  same  material  as 
coat.  Pantaloons  to  be  made  of  same  goods  as  coat,  to  have 


147 


CITY  ORDINANCES. 


top  and  two  hip  pockets;  the  right  hand  pocket  to  be  of  chamois 
and  eight  inches  deep;  waistbands  to  be  well  stayed  with  linen 
canvas,  seams  of  the  seat  to  be  well  stayed  with  strong  silicia. 
The  gold  wreath  of  the  helmet  shall  encircle  ihe  word  “Mar¬ 
shall"  ’  in  gold  letters  worked  on  darked  blue  cloth.  Black  reg- 
lation  police  helmet.  White  stand  up  collar,  and  black  necktie. 

533.  A 11  uniform  garments  for  members  of  fire  department 
for  winter  and  summer  wear  must  be  of  dark  blue  cloth,  all 
wool, pure  indigo  dyed,  warranted  not  to  fade  or  change  its  color. 
Coat:  a  double  breasted, close  fitting  sack, cut  to  button  within  six 
inches  of  the  neck,  with  rolling  collar,  to  have  four  regulation 
buttons  on  each  breast  equidistant.  The  cuffs  to  be  made  to 
fit  the  wrist,  with  two  small  regulation  buttons  1£  inches  apart, 
with  two  rows  of  stitching  to  represent  cuff  sleeves,  to  be  cut 
only  as  large  as  is  convenient  to  wear  inside  an  overcoat.  Two 
pockets  only  are  allowed  to  be  on  the  inside.  On  each  breast, 
outside,  a  pointed  scalloped  flap,  three  inches  deep  at  the 
point  is  required,  the  length  of  the  coat  to  be  to  the  finger  tip  in 
proportion  to  the  height  of  ihe  wearer,  and  to  be  lined  with 
black  worsted  serge;  the  sleeves  to  have  printed  sateen  lining; 
pantaloons  to  be  of  same  material  as  coat,  cut  with  lap  seams 
to  tit  close  about  the  waist.  The  vest  will  be  considered  a  part 
of  the  uniform,  but  custodions  will  be  permitted  to  dispense 
with  it  at  their  option,  except  on  full  dress  occasions;  to  be 
made  without  collar,  of  same  cloth  as  coat,  to  button  within 
five  inches  of  the  neck,  with  seven  small  regulation  buttons, 
and  to  have  three  plain  pockets.  Shirt  for  winter  wear  will  be 
made  of  blue  flannel  and  double  breasted  with  rolling  collar. 
Caps,  blue  cloth,  same  shade  as  uniform,  with  straight  leather 
brim,  with  device  of  silver  with  the  letters  “M.  F  D.  ”;  for 
summer  wear  such  headgear  as  may  be  adopted  by  the  chief 
fire  marshal 

534.  The  uniform  of  the  city  sexton  shall  be  of  cadet  gray, 
warranted  nob  to  fade  or  change  its  color.  Coat:  A  double 
breasted  close  fitting  sack  with  rolling  collar,  to  have  four  plain 
silver  buttons  on  each  breast  equidistant.  The  cuffs  to  be 
made  to  fit  the  wrist,  with  three  small  plain  silver  buttons  li 
inches  apart,  with  two  rows  of  black  braid  to  represent  cuff 
sleeves,  to  be  cut  only  as  large  as  convenient  to  wear  inside  an 
overcoat.  Two  pockets  only  are  allowed  to  be  on  the  inside. 
The  length  of  the  coat  to  be  to  the  tip  of  the  finger  in  propor¬ 
tion  to  the  heighth  of  the  wearer,  and  to  be  lined  with  serge; 
the  sleeves  to  have  printed  sateen  lining.  For  summer  wear 
the  coat  may  be  of  lighter  material  without  lining.  Pantaloons 
to  be  of  the  same  material  as  coat,  cut  with  lap  seams  to  -fit 


148 


CITY  ORDINANCES. 


close  about  the  waist.  The  vest  to  be  made  without  collar,  of 
same  cloth  as  coat,  to  button  within  five  inches  of  the  neck, 
with  seven  small  plain  buttons,  and  to  have  three  plain  pockets. 
The  head  gear  will  be  the  regulation  police  helmet  of  light 
■color;  in  front  a  silver  wreath  encircling  the  words  “City 
■Sexton.”  The  police  star  shall  be  worn  outside  the  coat. 


CHAPTER  XXIV. 

ADDITIONS. 

535.  Any  addition  which  may  be  made  to  the  City  of 
Monmouth,  or  any  lands  within  the  same  which  may  be  sub¬ 
divided  and  laid  out  into  lots  or  blocks,  shall  also  be  laid  out, 
surveyed  and  platted,  so  that  the  blocks  or  other  subdivisons 
thereof  shall  conform  to  the  regular  blocks  of  the  addition  or 
additions  adjoining  such  proposed  addition  or  subdivision,  and 
the  streets  and  alleys  shall  correspond  with,  and  conform  to 
the  previously  established  streets  and  alleys  with  which  they 
may  connect,  and  shall  continue  the  same.  And  in  addition  to 
the  requirements  of  the  laws  of  the  state,  ’lie  plat  of  such  ad¬ 
dition  shall  show  the  relation  of  the  addition  to  the  adjoining 
additions  already  platted,  and  shall  give  in  place  upon  it  in  feet 
and  decimals  of  a  foot  the  dimensions  of  all  the  lots,  blocks, 
streets  and  alleys,  and  there  shall  be  placed  at  opposite  corners 
of  each  block  of  such  addition  an  iron  rod  not  less  than  one 
inch  in  diameter  and  24  feet  in  length,  driven  so  that  the  top 
thereof  shad  be  even  with  the  surface  of  the  ground. 

536.  Any  owner  or  agent  of  any  real  e-tate  who  may  wish 
to  lay  out  any  addition  or  subdivision  of  lands  within  said  city 
shall  submit  his  map  or  plat  of  such  p;oposed  division  or  sub¬ 
division  to  the  city  council  and  obtain  its  approval  of  the  same, 
which  approval  shall  be  certified  thereon  by  the  city  clerk,  and 
any  such  owner  or  agent  who  shall  before  obtaining  such  ap¬ 
proval,  sell  or  offer  for  sale  or  lease  for  any  time  exceeding 
five  years  any  lot  or  block  in  said  city  or  any  addition  thereto 
or  any  re-subdivsion  of  any  lot  or  block  therein  before  he  shall 
have  obtained  said  approval  by  the  city  council  shall  be  fined 
$25.00  for  each  lot  or  block  or  part  thereof  so  disposed  of, 
offered  for  sale  or  leased. 


CITY  ORDINANCES. 


149 


CHAPTER  XXV. 

ANIMALS. 

537.  That  the  running  or  being  at  large  within  the*corpor- 
ate  limits  of  said  city,  and  the  herding,  grazing  or  pasturing 
upon  the  streets,  alleys  or  commons  of  said  city,  of  any  horse, 
mare,  ge'ding,  colt,  mule,  ass,  jenny,  bull,  ox,  steer,  cow,  calf, 
goat,  sheep,  hog,  shoat,  pig  or  goose,  is  hereby  declared  a  nui¬ 
sance  and  the  owner  or  person  having  charge  of  any  of 
said  animals,  who  shall  suffer  the  same  to  run  at  large  within 
the  said  limits,  or  who  shall  herd,  or  graze  or  pasture  the  same 
upon  ihe  streets,  alleys  or  commons  of  said  city,  except  as 
hereinafter  provided,  shall  be  fined  in  any  sum  not  less  than 
one  dollar  nor  more  than  ten  dollars  for  every  animal  so  being 
at  large,  or  grazed,  herded,  or  pastured  upon  said  streets, 
alleys  or  commons  of  said  city. 

538.  Whoever  being  the  owner  or  keeper  of  any  goose, 
duck,  turkey,  hen  or  btlier  domestic  fowl,  shall  permit  the 
same  to  run  at  large  beyond  the  premises  of  the  owner  or 
keeper  to  the  inconvenience  of  persons  residing  in  the  neigh¬ 
borhood,  shall  be  subject  to  a  penalty  of  not  less  than  one 
dollar. 

♦ 

539.  It  shall  be  the  duty  of  the  city  marshal  by  and  with 
the  consent  and  approval  of  the  mayor  of  said  city  from  time 
to  time  as  may  be  necessary,  to  provide  a  pound  or  suitable 
place  for  the  purpose  hereinafter  mentioned. 

540.  It  shall  be  the  duty  of  the  city  marshal  and  every 
police  officer  of  the  city  when  informed  of  the  fact  by  any 
•competent  witness  or  by  his  knowledge,  to  take  up  and  confine 
any  animal  found  running  at  large  within  the  limits  of  the  city 
in  violation  of  this  ordinance,  and  impound  the  same. 

541.  Any  resident  of  the  city  may  take  up  and  deliver  to 
the  marshal  or  officer  in  charge  of  the  grounds  where  estrays 
are  kept  by  the  marshal,  any  animal  above  named  running  at 
large  in  the  city.  The  person  taking  up  such  animal  shall  make 
and  deliver  to  the  city  marshal,  to  be  by  him  tiled  with  the  city 
clerk,  an  affidavit  setting  forth  when  and  wdiere  such  animal 
wras  taken  up. 

542.  The  city  marshal  shall,  within  twelve  hours  after  tak¬ 
ing  up  or  receiving  such  animal  or  animals,  leave  a  description 
of  the  same  in  the  office  of  the  city  clerk,  who  shall  make  a 
record  thereof  in  a  book  for  registering  estrays,  and  post  a 
notice  thereof  at  the  street  entrance  to  his  office  for  three  days, 
unless  the  owner  or  owners  of  said  animal  shall  be  sooner 
found. 


150 


CITY  ORDINANCES. 


543.  All  animals  so  taken  up,  while  in  the  custody  of  the 
marshal,  shall  be  confined  in  such  place  as  may  be  provided 
therefor,  and  shall  be  properly  fed,  watered  and  cared  for.  The 
charge  for  such  keeping,  care  and  feed  shall  be,  for  horses, 
mules,  “asses  and  cattle,  thirty-live  cents  per  day  for  each  ani¬ 
mal,  for  the  other  animals  named  fifteen  cents  per  day  for  each 
animal. 

544.  At  any  time  while  any  such  animal  is  in  the  custody 
of  the  marshal,  any  person  entitled  to  the  possession  thereof 
may  redeem  the  same  by  paying  the  marshal  all  charges  thereon 
and  all  legal  fees  and  costs  then  accrued. 

545.  If  the  owner  or  keeper  of  .any  such  animal  or  animals 
shall  not,  within  three  days  after  the  same  has  been  first  so 
posted  by  the  clerk  appear,  pay  the  charges  thereon  and  take 
the  same  away,  the  marshal  shall  make  complaint  before  any 
justice  of  the  peace  or  police  magistrate  in  the  city.  Such 
complaint  shall  contain  a  reasonably  accurate  description  of 
such  animal  or  animals,  together  with  the  name  of  the  owner  or 
owners  thereof,  if  known,  or  if  unknown,  the  complaint  shall  so 
state.  It  shall  thereupon  be  the  duty  of  such  magistrate  if  the 
name  or  names  of  such  owners  be  known,  to  issue  a  summons 
to  such  owner  or  owners  to  appear  and  show  cause  why  such 
animal  or  animals  shall  not  be  sold  at  public  vendue  to  pay  the 
costs  and  charges  thereon,  including  the  costs  and  charges  of 
proceedings  before  such  justice.  Such  summons  shall  contain 
a  description  of  such  animal  or  animals,  and  shall  in  the  first 
instance  be  returnable  at  any  time  not  less  than  two  nor  more 
than  ten  days  thereafter;  but  personal  service  thereof  shall  be 
had  at  least  one  day  before  trial.  The  persons  taking  up  such 
animals  shall  be  notified  to  appear  and  testify  at  the  trial  of 
such  cause.  If  the  name  or  names  of  such  owner  or  owners 
be  unknown,  or  such  summons  be  returned  endorsed  “not 
found,”  it  shall  be  the  duty  of  such  magistrate  to  prepare  at 
least  three  notices,  substantially  like  the  summons  hereinbefore 
mentioned,  to  be  directed  to  such  unknown  owner,  or  person  not 
found,  in  which  notices  shall  be  fixed  a  day  for  trial  not  less 
than  ten  days  from  the  date  of  issuance  and  posting,  which 
shall  be  immediately  delivered  to  the  marshal  who  shall,  at  least 
ten  days  before  said  day  of  trial,  post  the  same  in  three  of  the 
most  public  places  in  the  city.  Upon  such  trial  day,  if  due  ser¬ 
vice  of  notice  appear,  the  magistrate  shall  proceed  to  hear  the 
evidence,  which  shall  include  evidence  as  to  the  value  of  such 
animal  or  animals.  If  such  taking  up  be  found  lawful,  and  all 
costs  and  charges  be  not  paid,  the  magistrate  shall  render 
judgment  against  each  animal  for  the  amount  of  costs  and 
charges  properly  taxable  against  the  same,  including  the  esti- 


CITY  ORDINANCES. 


151 


mated  cost  of  keeping  the  same  to  the  day  of  sale  and  stating 
the  value  of  each  animal  as  found  by  him  upon  the  evidence.  If 
the  taking  up  of  such  animal  be  adjudged  wrongful,  or  if  the 
person  Who  took  up  such  animal  shall  fail  to  appear  and  testify 
at  the  trial,  the  costs  of  such  proceedings  may,  in  the  discretion 
of  the  magistrate  be  taxed  against  the  person  who  took  up  such 
animal.  If  said  judgment  or  any  part  thereof  shall  remain 
unpaid  on  the  day  following,  an  order  of  sale  shall  thereupon 
issue,  to  the  marshal,  who  shall  proceed  to  sell  the  same  at 
public  vendue  to  the  highest  bidder  for  cash,  first  giving  ten 
days’  notice  of  the  time  and  place  of  sale  by  at  least  three 
notices,  posted  in  three  of  the  most  public  places  in  the  city, 
and  if  the  value  of  such  animal  or  animals,  so  found  by  said 
magistrate,  exceed  $25,  he  shall  also  publish  such  notice  at  least 
once  in  the  official  newspaper.  At  the  time  and  place  of  sale,  if 
the  costs  and  charges  so  assessed  against  one  or  more  of  said 
animals  be  unpaid,  the  marshal  shall  sell  the  same  as  above  pro¬ 
vided,  and  from  and  out  of  the  proceeds  of  the  sale  of  each 
animal  shall,  first,  reserve  and  pay  all  costs,  charges  and  assess¬ 
ments  thereupon  levied,  and  the  surplus  if  any,  to  the  owner  or 
owners,  if  known,  on  request,  within  ten  days  thereafter;  if  the 
owner  be  unknown,  or  such  surplus  be  not  called  for  within  ten 
days  he  shall  pay  the  same  to  the  city  treasurer,  who  shall  keep 
it  for  one  year  in  a  separate  fund,  subject  to  the  order  of  the 
proper  owner,  and  thereafter  it  shall  be  put  in  the  common 
fund. 

546.  The  fee  of  the  marshal  for  taking  up  or  receiving 
shall  be  for  horses,  mules,  asses  and  cattle  fifty  cents  each,  for 
the  other  animals  named  twenty -five  cents  each;  the  fees  of  the 
clerk  for  registering  and  posting  notices,  each,  thirty-five  cents. 
The  fees  of  justices  and  officers  shall  be  as  near  as  may  be  the 
same  as  in  attachment  cases  for  similar  services.  Such  fees 
shall  be  paid  only  from  the  money  received  for  redemption  or 
the  proceeds  of  sales  of  such  animals,  or  collected  as  costs.  If 
the  amount  received  from  the  sale  of  any  animal  or  collected  as 
costs  shall  be  insufficient  to  cover  all  fees,  costs  and  charges,  the 
charge  for  keeping,  care  and  feeding  shall  first  be  paid  and  the 
remainder  of  costs,  fees  and  charges  shall  be  paid  pro  rata. 

547.  For  the  purpose  of  carrying  out  the  provisions  of  this 
chapter  the  marshal  may,  with  the  approval  of  the  mayor, 
employ  one  or  more  assistants  for  such  time  as  their  services 
may  be  needed  and  satisfactorily  rendered.  Such  assistants 
shall  perform  such  duties  as  may  be  assigned  to  them  by  the 
marshal  in  the  taking  up,  care  and  custody  of  estray  animals. 
Such  assistants  shall  have  while  employed,  police  powers.  The 
compensation  of  such  assistants  shall  be  the  fees  collected  for 


152 


CITY  ORDINANCES. 


the  taking  up  of  animals  taken  up  by  them,  and  a  further  com¬ 
pensation  not  exceeding  twenty-live  dollars  per  month  for  the 
time  in  actual  service. 

548.  The  marshal  shall  make  monthly  reports  to  the  coun¬ 
cil  of  all  moneys  received  under  the  provisions  of  this  chapter 
in  relation  to  animals  taken  up  running  at  large,  and  all  expenses 
incurred  in  the  taking  up,  care  and  custody  of  such  animals  and 
the  proceedings  connected  therewith.  He  shall  pay  to  the  city 
treasurer  any  surplus  in  his  hands  as  shown  by  such  report. 
The  amounts  so  paid  together  with  all  appropriations  made  by 
the  council  for  the  purpose  shall  constitute  a  fund  for  the  pay¬ 
ment  of  any  deficiencies  as  shown  by  any  monthly  report. 

549.  Any  person  who  shall  knowingly  suffer  any  dead  ani¬ 
mal  belonging  to  him  not  killed  for  and  proper  for  food;  to 
remain  within  the  city,  or  within  one-half  mile  thereof,  without 
being  so  buried  as  to  prevent  it  from  becoming  putrid  or  offen¬ 
sive  to  any  person  residing  within  the  city,  shall  be  guilty  of  a 
nuisance,  and  shall  be  subject  to  a  penalty  of  not  less  than  live 
dollars,  and  in  addition  thereto  shall  be  liable  to  the  city  for  the 
cost  of  the  removal,  burial  and  abatement  of  such  nuisance. 


CHAPTER  XXVI. 

CEMETERY  AND  BURIAL  OF  THE  DEAD. 

550.  The  premises  now  used  by  the  city  of  Monmouth 
as  a  burial  ground  and  known  as  the  city  cemetery  and  situated 
in  the  northwest  corner  of  the  N.  E.  \  Sec.  29  and  the  southwest 
corner  of  the  S.  E..^  of  Sec,  20  in  township  11  N.  Range  2  W.  in 
Warren  county,  Illinois,  and  any  additions  which  may  be  made 
thereto  shall  be  and  the  same  are  hereby  declared  to  be  the 
public  burial  ground  of  Monmouth  and  shall  be  known  as  the 
city  cemetery. 

551.  No  burial  or  interment  shall  be  lawful  in  the  cemetery 
of  the  city  of  Monmouth  nor  shall  any  dead  body  be  removed 
from  said  city  until  a  permit  for  such  burial,  interment  or 
removal  shall  have  been  lirst  obtained  from  the  health  officer  of 
said  city. 

552.  Such  permit  shall  be  issued  by  the  health  officer  upon 
his  receipt  of  the  usual  certificate  of  death,  signed  by  (1)  the 
attending  physician  in  the  case;  or,  if  none,  by  (2)  one  of  the 
parents  of  the  deceased;  or,  if  none,  by  (3)  the  nearest  of  kin 
not  a  minor;  or,  if  none,  by  (4)  the  resident  householder  where 
the  Heath  occurred;  or,  if  none,  by  (5)  any  reputable  citizen 


CITY  ORDINANCES. 


153 


cognizant  of  the  facts  and  circumstances  of  the  death;  or,  if 
the  death  be  the  subject  of  an  inquest,  by  (6)  the  coroner  or 
other  officer  holding  said  inquest. 

553.  It  shall  not  be  lawful  for  any  burial  or  interment  to  be 
made  at  any  place  within  the  corporate  limits  of  the  city 
except  in  the  cemetery  belonging  to  the  city,  nor  until  a  receipt 
for  the  cemetery  fees  be  obtained  from  the  city  collector  or  in 
his  absence,  the  city  clerk. 

554.  The  city  collector,  or  in  his  absence  the  city  clerk,, 
shall  issue  the  receipt  for  the  cemetery  fees  only  upon  pay¬ 
ment  of  the  same  by  the  person  applying  for  the  receipt,  and 
upon  presentation  of  the  burial  permit. 

555.  The  burial  permit  and  receipt  for  the  cemetery  fees 
shall  entitle  the  person  applying  for  the  same  to  the  services  of 
the  city  sexton,  and  in  no  case  shall  the  sexton  permit  a  burial 
or  interment  to  be  made  in  the  cemetery  except  upon  presenta¬ 
tion  of  both  the  burial  permit  and  receipt  for  the  cemetery  fees. 

556.  The  cemetery  fee  shall  be  as  follows:  For  interment 
of  the  body  of  a  child  of  nine  years  or  under,  two  dollars;  for 
interment  of  the  body  of  a  person  of  any  other  age,  three  dol¬ 
lars;  for  removal  and  re-interment  of  the  remains  of  any  per¬ 
son  from  one  place  to  another  within  the  cemetery,  when  the 
remains  are  those  of  a  child  nine  years  of  age  or  under,  $4;  of 
any  other  age,  $6. 

And  in  all  cases  arising  under  the  foregoing  section,  a 
receipt  for  the  fees  for  removal  and  reinterment  shall  first  be 
obtained  in  like  manner  as  receipts  for  other  cemetery  fees. 

557.  Any  undertaker  or  sexton,  and  each  and  every  other 
person  engaged  or  concerned  in  a  burial  in  violation  of  any  of 
the  provisions  of  this  chapter,  and  the  officers  and  employes  of 
any  transportation  company,  or  any  other  person  or  persons 
engaged  or  concerned  in  the  removal  of  a  dead  body  from  said 
city  in  violation  of  the  provisions  of  this  chapter,  shall  be  sub¬ 
ject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than  fifty 
dollars  for  each  offense. 

558.  The  health  officer  shall  enter  in  a  suitable  book,  to  be 
kept  for  that  purpose,  a  record  of  all  burial  permits  issued,  and 
permits  for  removal,  specifying  the  date  of  issue  and  to  whom 
issued,  together  with  all  the  items  of  information  contained  in 
the  certificates  upon  which  the  issue  of  such  permits  is  based;, 
and  he  shall  forward  to  the  county  clerk  of  Warren  county,  at 
the  end  of  each  month,  all  of  said  certificates  so  received  during 
the  month. 

559.  All  moneys  arising  from  the  sale  of  cemetery  lots. 


154 


CITY  ORDINANCES. 


from  cemetery  fees,  and  from  extra  work  done  by  the  sexton  or 
under  his  direction  shall  be  used  for  the  improvement  and  beau¬ 
tifying  of  the  cemetery  grounds  and  for  no  other  purpose  what¬ 
ever. 

560.  It  shall  be  the  duty  of  the  city  collector  and  treasurer 
to  keep  all  the  moneys  received  from  such  sales,  cemetery  fees 
and  extra  labor  in  a  separate  and  distinct  fund,  from  all  other 
moneys,  and  each  shall  report  to  the  city  council  once  in  each 
quarter  the  amount  of  said  fund  in  his  hands  at  the  time  of 
such  report,  with  the  amount  paid  out  for  improvements  during 
the  preceding  quarter  and  all  orders  drawn  on  said  fund  shall 
have  endorsed  thereon  the  words  “Cemetery  Fund.” 

561.  The  valuation  of  the  lots  in  the  cemetery  grounds  of 
the  city  shall  be  determined  by  the  city  council,  and  a  record  of 
such  valuation  shall  be  presented  to  the  city  collector  by  the 
city  clerk,  and  kept  in  a  book  provided  for  that  purpose. 

562.  The  cemetery  lots  shall  be  sold  in  the  manner  pro¬ 
vided  by  the  city  council,  at  such  times  as  they  may  determine, 
at  public  or  private  sale. 

563.  Deeds  to  such  lots  shall  be  executed  by  the  mayor,  in 
the  name  of  the  city,  and  attested  by  the  city  clerk,  and  shall 
vest  in  the  grantees  all  of  the  title  of  the  city  in  and  to  said  lots, 
subject,  however,  to  all  such  changes  and  assessments  as  may 
from  time  to  time  be  made  against  said  lots  by  the  city  council 
for  the  purpose  of  improving  and  keeping  the  cemetery  grounds 
in  repair. 

564.  The  city  clerk  shall  charge  for  such  deeds,  for  the  use 
of  the  city,  such  fees  as  the  council  may  provide. 

565.  It  shall  be  the  duty  of  the  city  collector  to  procure  a 
well  bound  book,  in  which  he  shall  keep  a  record  of  the  descrip¬ 
tion  of  the  cemetery  lots,  the  value  of  each  lot,  the  names  of 
the  purchasers,  and  the  date  of  sale. 

566.  Whenever  any  person  shall  desire  to  purchase  any  lot 
subject  to  sale  at  its  appraised  value,  he  shall  pay  to  the  said 
collector  the  appraised  value  thereof,  whereupon  it  shall  be  the 
duty  of  the  city  collector  to  execute  his  receipt  for  said  pur¬ 
chase  money,  stating  therein  the  number  of  the  lot  and  the 
block,  for  which  said  money  is  paid;  and  on  the  presentation  of 
.said  receipt  to  the  mayor  and  city  clerk,  it  shall  be  their  duty 
to  execute  a  deed  for  said  lot,  the  purchaser  paying  all  expenses 
(.of  said  deed. 

567.  Block  seven  North  addition  in  the  cemetery  grounds 
shall  be  set  apart  as  a  public  burying  ground  for  the  burial  of 
strangers  and  indigent  persons.  The  sexton  shall,  at  the  time 


CITY  ORDINANCES. 


155 


of  such  burials,  designate  the  manner  in  which  the  same  shall 
be  made. 

568.  Lot  121,  Block  9,  original  cemetery  grounds,  and  Lot 
11,  Block  2  of  the  sub-division  of  Blocks  1  to  6  in  the  North  addi¬ 
tion  thereto  shall  be  and  the  same  are  hereby  set  apart  as  a 
burying  ground  of  such  soldiers  and  sailors  of  the  wars  of  the 
United  States  as  it  may  be  deemed  necessary  or  advisable  to 
inter  in  such  grounds. 

569.  No  person  who  has  not  been  a  resident  of  the  city  for 
six  months  preceding  his  or  her  decease  shall  be  buried  in  that 
part  of  the  cemetery  known  as  the  public  burying  ground 
except  upon  the  written  permission  of  the  mayor,  or,  in  his 
absence,  the  health  officer,  nor  without  the  payment  to  the  city 
collector  of  the  regular  cemetery  fees. 

57,0.  In  all  graves  in  the  city  cemetery  the  top  of  the  box 
containing  the  coffin  shall  be  at  least  four  feet  below  the  surface 
of  the  ground;  all  fencing,  monuments,  vaults  or  ornaments 
shall  be  so  built  and  placed  as  not  to  obstruct  any  walk,  lane,  or 
avenue,  or  access  thereto.  Any  person  violating  this  section 
shall  for  each  offense  be  subject  to  a  penalty  of  not  less 
than  $5.00. 

571.  Whoever  shall  wilfully  or  negligently  destroy,  muti¬ 
late,  deface,  injure,  cut  or  in  any  manner  disturb,  except  by 
consent  of  the  owner  of  the  property  or  of  the  authorities  in 
charge,  any  tomb,  monument,  stone,  ornament,  walk,  drive,  fence 
railing,  tree,  shrub,  flower,  plant,  building,  structure,  fixture  or 
property  of  any  kind  in  the  city  cemetery,  or  shall  drive  any 
wagon  or  other  vehicle,  or  ride  any  horse,  except  in  the  desig¬ 
nated  driveways,  or  shall  bring  any  stone  to  be  dressed  in  such 
cemetery,  or  shall,  without  the  consent  of  the  sexton  plant  any 
shrub,  vine,  bush  or  other  thing  therein,  or  shall  be  guilty  of 
gambling,  or  of  obscene,  lewd  or  lacivious  conduct  or  behavior 
therein,  or  shall  use  profane,  vulgar,  obscene  or  indecent 
language  therein,  or  create  any  disturbance,  or  be  guilty  of  any 
disorderly  conduct  therein,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars  for  each  offense. 

572.  Any  person  who  shall  dig  a  grave  or  vault  in  said 
cemetery  ground,  in  any  street  or  alley  thereof,  or  upon  any  lot 
therein,  without  the  consent  of  the  owner  of  said  lot,  or  if  said 
lot  is  unsold,  without  the  consent  of  the  sexton,  shall,  on  con¬ 
viction,  be  fined  not  less  than  five  nor  more  than  twenty-five 
dollars. 

573.  Any  person  who  shall  open  or  in  any  way  disturb  any 
grave,  vault,  or  other  place  for  the  deposit  of  the  dead,  within 
said  ground,  not  being  the  nearest  of  kin  to  the  deceased  per- 


156 


CITY  ORDINANCES. 


son,  a  near  relative  of  the  deceased  person,  or  legally  entitled  to 
disturb  or  open  said  grave,  vault,  or  other  place  of  deposit  for 
the  dead,  except  for  the  purpose  of  repairing  or  improving  the 
same,  shall,  on  conviction  thereof,  be  tined  in  any  sum  not  less 
than  twenty-five  nor  more  than  two  hundred  dollars. 

574.  All  persons  must  enter  and  leave  the  cemetery 
through  the  open  gates,  and  when  on  the  cemetery  grounds, 
they  must  keep  on  the  streets,  lanes  and  alleys,  and  no  person 
shall  be  permitted  to  go  upon  or  across  any  lot  of  the  cemetery 
unless  he  be  the  owner  thereof,  or  have  permission  from  the 
owner  or  sexton  so  to  do;  and  visitors  shall  not  be  allowed  upon 
the  cemetery  grounds  after  the  hour  of  8  p.  m.,  without  the 
permission  of  the  sexton. 

575.  No  minor  shall  be  alkrwed  on  the  cemetery  grounds  at 
any  time  except  when  attending  a  funeral  or  accompanied  by 
parent,  guardian  or  adult  brother  or  sister,  or  when  expressly 
permitted  by  the  sexton. 

576.  Any  person  or  persons  guilty  of  a  violation  of  any  of 
the  provisions  of  this  chapter,  for  which  no  penalty  is  provided, 
shall,  upon  conviction,  be  fined  not  less  than  three  nor  more 
than  fifty  dollars  for  each  offense. 


CHAPTER  XXVII. 

CURFEW. 

577.  It  shall  be  unlawful  for  any  parent,  or  person  having 
children  under  their  control  under  the  age  of  15  years,  to  permit 
the  same  to  go  at  large  upon  the  streets,  avenues  or  public 
grounds  of  the  city  unattended  by  parent  or  guardian 
after  the  hours  of  9  o’clock  p.  m.  during  the  months 
of  May,  June,  July  and  August  of  each  year,  or  after  the  hours 
of  eight  o’clock  p.  m.  during  the  other  months  of  the  year. 
Any  person  who  shall  violate  the  provisions  of  this  section  shall 
be  fined  any  sum  not  exceeding  ten  dollars  for  each  offense; 
provided  that  nothing  in  this  section  shall  be  construed  to  pre¬ 
vent  parents  or  those  having  children  under  their  control  per¬ 
mitting  them  to  be  upon  said  streets,  avenues  or  public  grounds 
in  case  of  necessity  or  upon  business. 

578.  It  shall  be  the  duty  of  the  water  works  superinten¬ 
dent  to  procure  a  suitable  whistle,  different  from  that  used  to 
sound  the  fire  alarm,  and  it  shall  be  the  duty  of  the  engineers  at 
the  pumping  station  to  blow  one  long  blast  upon  said  whistle  at 
the  hour  of  9  o’clock  p.  m.  during  the  months  of  May,  June, 


I 


CITY  ORDINANCES.  157 

July  and  August,  and  at  8  o’clock  during  the  other  months  of 
the  year,  and  after  said  alarm  has  been  sounded  it  shall  be 
unlawful  for  any  person  under  the  age  of  15  years  to  loiter  upon 
or  engage  in  any  kind  of  amusement  upon  the  streets,  avenues 
and  public  grounds  of  the  said  city,  and  any  person  so  found 
shall  be  liable  to  arrest  and  upon  conviction  thereof  may  be  fined 
in  any  sum  not  exceeding  ten  dollars,  for  each  offense. 

579.  It  shall  be  the  duty  of  the  city  marshal  and  police 
officers  of  said  city  to  enforce  the  provisions  of  the  foregoing 
ordinance. 


CHAPTER  XXVIII. 

DOGS. 

580.  Every  owner  of,  or  person  who  keeps  or  harbors  any 
dog  or  dogs  within  the  limits  of  this  city,  shall  report  to  the 
city  collector  annually  within  thirty  days  after  the  first  day  of 
May  in  each  year  his  or  her  name  and  address,  and  shall  give 
the  name,  breed,  color  and  sex  of  each  and  every  dog  owned, 
kept  or  harbored  by  such  person,  and  shall  pay  to  such  officer 
the  sum  of  one  dollar  for  every  male  dog  and  of  two  dollars  for 
every  female  dog  owned,  kept  or  harbored,  and  shall  cause  such 
dog  or  dogs  to  be  registered  for  license  in  the  office  of  said  city 
collector,  who  shall  furnish  the  person  paying  the  license  there¬ 
for  with  the  metal  tag  or  check,  as  hereinafter  provided. 

581.  The  city  collector  shall  keep  a  complete  registry,  in  a 
book  kept  for  that  purpose,  of  all  licensed  dogs,  describing  the 
same  by  name,  breed,  color  and  sex,  and  shall  also  enter  the 
name  and  address  of  the  owner  or  keeper  as  given,  and  the 
number  of  the  city  license,  tag  or  check.  He  shall  also  provide 
each  and  every  year  such  number  of  metal  tags  or  checks  as 
may  be  necessary  (the  shape  to  be  changed  each  year),  having 
stamped  thereon  the  year  for  which  the  license  is  issued,  the 
letters  C.  D.  T.,  and  also  the  number  of  the  tag  or  check,  and  it 
shall  be  the  duty  of  the  collector  to  deliver  one  of  such  tags  or 
checks,  numbered  to  correspond  with  the  number  of  the  reg¬ 
istry  of  the  dog  to  the  person  having  paid  the  license  tax  upon 
any  such  dog. 

582.  The  city  collector  shall  annually,  between  the  first 
Monday  and  the  fifteenth  day  of  May  in  each  year,  cause  to  be 
published  in  at  least  one  of  the  newspapers  of  general  circula¬ 
tion  published  in  said  city,  and  also  cause  to  be  posted  gener- 


158 


CITY  ORDINANCES. 


ally  throughout  the  city,  printed  notices  notifying  all  persons 
owning,  keeping  or  harboring  any  dog  or  dogs  within  the  city 
to  register  the  same  and  pay  the  license  tax  thereon  at  the  city 
collector's  office  on  or  before  the  first  day  of  June  thereafter:  but 
the  omission  to  give  such  notice  shall  not  excuse  any  person 
for  any  violation  or  failure  to  comply  with  any  of  the  require¬ 
ments  of  this  chapter,  or  relieve  any  person  of  any  liability 
thereunder. 

583.  Every  dog  shall  be  provided  by  its  owner  or  keeper 
with  a  collar,  to  which  shall  be  securely  attached  and  kept  the 
license  tag  or  check  furnished  by  the  city  collector  as  herein¬ 
before  provided.  No  dog  shall  be  permitted  to  run  at  large 
within  the  city,  unless  the  owner  or  keeper-  thereof  shall 
have  caused  such  dog  to  be  registered  and  licensed  and 
provided  with  such  collar  and  tag  or  check.  Every  dog 
found  running  at  large  within  the  city,  without  being  regis¬ 
tered,  or  without  the  proper  metallic  tag  or  check  attached 
thereto,  is  hereby  declared  to  be  a  public  nuisance,  and  shall 
be  abated  by  being  taken  up  and  impounded,  and  if  not  re¬ 
deemed  as  hereinafter  provided,  shall  be  destroyed. 

584.  Whenever  the  mayor  shall  deem  it  necessary  to  in¬ 
sure  public  safety,  he  shall  issue  his  proclamation  by  notice  in 
some  newspaper  of  general  circulation  published  in  the  city, 
prohibiting  all  dogs  from  running  at  large  within  the  city, 
unless  the  same  shall  be  securely  muzzled  so  as  to  effectually 
prevent  them  from  biting  any  person  or  animal,  and  such  pro¬ 
hibition  shall  continue  in  force  until  public  notice  of  the  discon¬ 
tinuance  thereof  shall  in  like  manner  be  given  by  the  mayor. 
Any  dog  found  running  at  large  in  violation  of  this  section  shall 
be  deemed  to  be  a  public  nuisance  and  shall  be  taken  up,  im¬ 
pounded  and  disposed  of  as  hereinafter  provided. 

585.  Any  owner  or  keeper  of  a  dog  who  shall  knowingly 
suffer  or  permit  the  same  to  run  at  large  in  violation  of  any  of 
the  provisions  or  requirements  of  the  two  preceding  sections 
of  this  ordinance  shall  on  conviction  be  subject  to  a  penalty  of 
not  less  than  two  nor  more  than  ten  dollars  for  each  offense. 

586.  It  shall  be  the  duty  of  the  city  marshal  and  all  police¬ 
men,  and  such  other  persons  as  may  be  employed  to  catch 
dogs,  to  take  up  and  impound  in  such  place  as  shall  be  pro¬ 
vided  by  the  mayor  or  by  the  city  council  for  that  purpose,  to 
be  known  as  the  ‘  dog  pound,*’  any  dog  found  running  at  large 
within  the  city  in  violation  of  any  of  the  provisions  or  require¬ 
ments  of  this  ordinance. 

587.  The  city  marshal  is  hereby  authorized  to  employ,  by 
and  with  the  consent  of  the  mayor,  one  or  more  competent  per- 


CITY  ORDINANCES. 


159 


sons,  as  he  may  deem  necessary,  to  have  charge  of  the  dog 
pound,  and  to  aid  him  in  enforcing  the  provisions  of  this  ordi¬ 
nance.  Such  persons  so  employed  may  be  vested  with  police 
power,  and  shall  receive  for  their  services,  in  addition  to  the 
fees  for  the  redemption  of  dogs  as  hereinafter  provided,  such 
compensation  as  the  city  council  may  from  time  to  time  deter¬ 
mine  by  resolution,  the  same  to  be  paid  from  the  money  col¬ 
lected  under  the  provisions  of  this  ordinance. 

588.  Any  dog  taken  up  and  confined  in  the  dog  pound  as 
herein  provided,  may  be  redeemed  by  the  ownor  or  keeper 
thereof  at  anytime  within  five  days  from  the  date  the  same 
was  impounded,  upon  procuring  the  certificate  of  the  city  col¬ 
lector  stating  that  the  amount  of  the  license  tax  has  been  paid, 
and  paying  to  the  pound  master  or  party  in  charge  of  the 
pound  a  fee  of  fifty  cents  for  taking  up  and  impounding  such 
dog,  together  with  the  costs  and  expenses  of  keeping  the  same, 
not  to  exceed  twenty  cents  per  day.  All  dogs  not  redeemed 
within  five  days  from  the  date  the  same  were  impounded  shall 
be  destroyed  under  the  direction  of  the  city  marshal  and  the 
carcass  properly  disposed  of. 

589.  It  shall  be  the  duty  of  the  city  marshal  to  cause  to  be 
kept  at  the  dog  pound  a  book  in  which  shall  be  recorded  a  com¬ 
plete  record  of  all  dogs  impounded,  giving  a  general  descrip¬ 
tion  of  the  same,  breed,  color,  sex  and  any  other  particulars, 
the  name  of  the  owner  or  keeper,  if  known,  date  impounded 
and  the  date  released  or  destroyed,  which  book  shall  be  sub¬ 
ject  to  the  inspection  of  the  public  without  charge  at  all  reason¬ 
able  times. 

590.  Any  dog  for  which  a  license  has  been  paid,  which 
may  be  impounded  for  being  at  large  without  a  license  tag  as 
herein  provided,  may  be  redeemed  on  payment  to  the  pound 
keeper  of  his  charges  as  provided  in  Sec.  588  hereof,  if  it  shall 
be  made  to  appear  to  the  satisfaction  of  the  city  collector  by 
the  affidavit  of  the  owner  or  keeper  thereof,  or  by  other  satis¬ 
factory  evidence,  that  a  license  for  such  dog  was  procured 
and  a  collar  put  around  its  neck  with  the  license  tag  attached 
thereto  as  provided  in  this  ordinance,  but  that  such  collar  or 
tag  has  been  lost,  and  the  city  collector  shall  deliver  to  the 
person  redeeming  such  dog  a  duplicate  license  tag  to  corres¬ 
pond  with  the  registry,  for  which  duplicate  tag  twenty-five 
cents  shall  be  paid. 

591.  Any  person  causing  or  permitting  a  license  tag  to  be 
attached  to  the  collar  on  any  dog,  or  causing  or  permitting  ta 
be  attached  to  the  collar  on  any  dog,  a  tag  other  than  that  furn- 


160 


CITY  ORDINANCES. 


isked  by  the  city  collector  for  that  purpose,  or  shall  remove  or 
take  away  the  tag  so  furnished  by  the  city  collector  from  any 
dog,  or  shall  in  any  manner  interfere  with  or  prevent  any 
officer  or  employe  from  performing  any  duty  required  by  this 
chapter,  shall  on  conviction  be  fined  in  a  sum  not  less  than  two 
nor  more  than  ten  dollars. 

592.  No  dog  shall  be  subject  to  molestation  under  this 
ordinance  or  under  any  order  of  the  mayor,  while  on  the  prem¬ 
ises  of  its  owner  or  keeper,  and  any  officer  of  the  city  or 
employe,  who  shall  invade  private  premises  to  capture  a  dog, 
or  who  shall  entice  or  take  any  dog  out  of  the  enclosure  of  the 
possessor  of  such  dog,  or  who  shall  molest  or  seize  any  dog 
while  being  held  or  led  by  any  person,  or  who  shall  bring  or 
entice  into  the ‘city  any  dog  for  the  purpose  of  taking  up  or  im¬ 
pounding  the  same,  shall  on  conviction  be  fined  in  a  sum  not 
less  than  three  nor  more  than  ten  dollars. 

593.  Any  owner  or  keeper  of  any  bitch,  who  shall  know¬ 
ingly  permit  or  allow  the  same  to  run  at  large  while  in  heat, 
whether  she  be  registered  or  licensed  as  aforesaid  or  not,  shall 
be  guilty  of  a  misdemeanor,  and  shall  upon  conviction  be  fined 
not  less  than  five  dollars  nor  more  than  twenty  dollars  for  each 
offense. 

594.  On  complaint  being  made  to  the  mayor,  of  any  dog 
within  the  city,  which  shall  by  barking,  howling,  or  in  any 
other  way  or  manner  disturb  the  quiet  of  any  person  or  persons 
whomsoever,  the  mayor  on  being  satisfied  of  the  truth  of  such 
complaint  shall  direct  a  police  officer  to  give  notice  thereof  to 
the  person  or  persons  keeping,  owning  or  harboring  such  dog; 
and  in  case  such  jDerson  or  persons  shall,  for  the  space  of  one 
day  after  such  notice,  neglect  to  cause  such  dog  to  be  removed 
or  destroyed,  so  as  to  prevent  the  disturbance,  he  shall  upon 
conviction  be  subject  to  a  fine  of  not  less  than  three  dollars  for 
every  day  which  shall  elapse  until  such  dog  shall  be  removed 
or  destroyed  as  aforesaid. 

595.  Any  owner  or  keeper  of  a  fierce  or  dangerous  dog, 
who  shall  knowingly  suffer  or  permit  the  same  to  run  at  large, 
whether  registered  or  checked  as  aforesaid  or  not,  to  the  dan¬ 
ger,  annoyance  or  injury  of  any  person,  shall  be  subject  to  a 
penalty  of  three  dollars  for  the  first  offensp,  and  to  a  further 
penalty  of  not  less  than  five  dollars  nor  more  than  fifty  dollars 
for  any  subsequent  offense. 

596.  The  wTord  dog  as  used  in  this  chapter  shall  be  held 
and  construed  to  mean  all  animals  of  the  canine  sjDecies,  both 
male  and  female,  when  the  sex  is  not  stated. 


CITY  ORDINANCES. 


161 


597.  The  provisions  of  this  chapter  shall  not  apply  to  dogs 
owned  by  non-residents,  in  remaining  temporarily,  or  in  pass¬ 
ing  through  this  city.  * 


CHAPTER  XXIX. 

DRAINS. 

598.  No  person  shall  construct,  cause  or  permit  to  be 
constructed,  any  private  drain  or  sewer,  leading  into  any  city 
sewer  or  drain,  or  leading  into  any  sewer  or  drain  laid  in  any 
street,  alley  or  public  grounds,  or  leading  into  any  sewer  or 
drain  from  which  matter  may  pass  directly  or  indirectly  into 
any  city  sewer  or  any  sewer  or  drain  laid  in  any  street,  alley  or 
public  ground,  without  a  special  permit  from  the  city  engineer, 
or  superintendent  of  streets. 

599.  No  such  permit  shall  be  granted  unless  it  is  pro¬ 
posed  to  construct  such  drain  or  sewer  out  of  vitrified  sewer 
pipe  with  proper  traps  all  to  be  cemented  firmly  together  when 
laid,  and  the  application  shall  be  accompanied  by  a  plan  of  con¬ 
struction  which  shall  be  approved  by  the  city  engineer.  In 
the  construction  of  such  drain  or  sewer  no  variation  shall  be 
made  from  the  plan  presented  with  the  application  for  permit 
approved  by  the  city  engineer,  without  the  approval  of  the  city 
engineer  of  the  changes  proposed. 

600  The  construction  of  such  drain  or  sewer,  shall  be 
made  under  the  supervision  of  the  street  superintendent,  and 
no  ditch  shall  be  filled  without  the  consent  of  the  street  super¬ 
intendent  after  his  inspection  and  approval  of  the  work. 

601.  When  any  application  shall  be  made  for  a  permit  for 
the  construction  of  any  such  private  drain  or  sewer,  and  the 
connection  proposed  shall  be  through  any  sewer  or  drain  owned 
by  or  constructed  at  the  voluntary  expense  of  any  private  per¬ 
son  or  corporation,  the  permit  shall  only  be  granted  with  the 
consent  of  such  person  or  corporation,  or  upon  condition  that 
such  compensation  shall  be  paid  such  person  or  corporation  as 
shall  be  stipulated  in  the  permit. 

602.  Nor  shall  any  such  permit  be  granted  to  connect  any 
premises  with  any  sewer  built  by  the  city  either  wholly  or  par¬ 
tially  by  special  assessment,  unless  such  premises  were 
assessed  for  the  coustruction  of  such  sewer,  and  the  assess- 


162 


CITY  ORDINANCES. 


/ 


% 

ment  thereon  duly  paid  except  after  application  made  to  the 
city  council,  and  approval  by  the  council. 

603.  Any  person  who  shall  in  any  manner  violate  any  of 
the  provisions  of  the  foregoing  sections  in  this  chapter  shall  be 
subject  to  a  penalty  of  not  less  than  ten  dollars  for  each  offense, 
and  shall  also  be  subject  to  the  payment  of  all  damages  caused 
by  such  violation. 

604.  No  person  shall  permit  from  any  premises  in  his  or 
her  control,  to  drain  into  any  city  sewer,  directly  or  indirectly, 
any  privy  vault,  cesspool  or  place  containing  any  noxious  or 
offensive  matter,  or  without  being  sufficiently  Hushed  with 
water,  any  vTater  closet  or  urinal,  under  penalty  of  not  less 
than  five  dollars  for  each  offense. 

605.  No  person  shall  cause  or  permit  any  exhaust  or 
waste  steam  to  escaj^e  or  be  discharged,  either  directly  or  in¬ 
directly,  into  any  city  sewer  or  drain  under  penalty  of  not  less 
than  three  dollars  for  each  offense. 

606.  No  person  shall  obstruct  any  city  sewer,  drain  or 
pipe  in  any  manner  connecting  directly  or  indirectly  with  any 
city  sewer,  by  throwing  or  depositing  in  any  such  sewer,  drain 
or  pipe,  or  by  throwing  or  depositing  in  any  place  from  which 
such  matter  may  be  liable  to  enter  any  such  sewer,  drain  or 
pipe,  any  sticks,  stones,  cloth,  paper  (other  than  toilet  paper), 
or  any  solid  matter  not  readily  soluble  in  water,  under  penalty 
of  not  less  than  two  dollars  for  each  offense. 

607.  No  person  who  shall  have  on  any  premises  owned  or 
occupied  by  him  any  sink,  catch  basin  or  other  opening  con¬ 
necting  with  any  drain  or  pipe,  connected  in  any  manner, 
directly  or  indirectly  with  any  city  sewei,  shall  permit  the  same 
to  be  unprotected  by  suitable  covering  or  strainer  sufficient  to 
exclude  from  the  sewers,  drains  or  pipes  all  matters  like  those 
prohibited  in  the  previous  section,  under  penalty  of  not  less 
than  three  dollars  for  each  offense. 


CHAPTER  XXX. 

ELECTIONS. 

%  .  « 

608.  A  general  election  for  municipal  officers,  authorized 
by  law  or  ordinance  to  be  elected,  shall  be  held  in  the  city  of 
Monmouth  on  the  third  Tuesday  of  April  in  each  year,  at  such 


i 


CITY  ORDINANCES. 


163 


places  in  the  several  wards  of  said  city,  as  may  be  designated 
by  the  city  council. 

609.  The  city  clerk  shall  give  notice  of  all  general  or 
special  e'ections,  unless  otherwise  provided  by  law,  by  publish¬ 
ing  an  advertisement  in  some  newspaper  printed  and  published 
in  said  city,  and  by  posting  notices  thereof  at  each  of  the  voting 
places  in  the  city,  for  at  least  twenty  days  prior  to  such  election, 
in  wrhich  notice  he  shall  state  the  lime  and  places  of  holding 
such  election,  and  the  officers  to  be  elected. 

610.  When  any  person  shall  desire  to  contest  the  right  of 
another  to  hold  the  office  of  alderman,  to  which  such  person 
claims  the  right,  he  shall,  within  thirty  days  after  the  election, 
file  with  the  city  clerk  a  statement  in  writing,  briefly  setting 
forth  the  points  on  which  he  will  contest  the  election,  which 
statement  shall  be  verified  by  affidavit. 

611.  Upon  filing  such  statement,  said  contestant  shall  also 
serve  a  copy  thereof  upon  the  person  whose  election  he  intends 
to  contest,  and  in  case  he  is  absent,  or  cannot  be  found,  then  by 
leaving  a  copy  of  said  statement  at  contestee’s  usual  place  of 
residence. 

612.  Whenever  said  statement  shall  have  been  filed  and 
served  as  aforesaid  it  shall  be  the  duty  of  ihe  contestant  if  he  de¬ 
sires  evidence  to  be  taken,  within  five  days  after  filing  such  state¬ 
ment  to  file  with  the  city  clerk  a  notice  stating  that  he  desires  to 
take  the  depositions  of  witnesses  upon  the  points  arising  in  such 
case,  and  if  the  contestee  desires  to  take  the  testimony  of  wit¬ 
nesses  upon  any  of  tuch  points  he  shall  within  ten  days  after 
the  service  of  notice  of  contest  upon  him,  file  with  the  city 
clerk  a  notice  that  he  desires  to  take  such  depositions,  and 
thereupon  and  not  later  than  the  next  regular  meeting  of  the 
city  council,  the  city  council  shall  fix  the  time  and  place  for 
taking  depositions  of  witnesses  when  either  party  may  proceed 
to  take  the  testimony  of  any  witness  in  the  manner  and  as  pro¬ 
vided  for  taking  depositions  to  be  used  in  cases  in  chancery, 
before  any  officer  authorized  by  law  to  take  the  same,  at  the 
time  and  place  so  fixed  and  continue  the  same  from  day  to  day 
thereafter  until  all  the  testimony  shall  have  been  taken. 

613.  In  all  cases  of  contested  elections,  the  proofs  shall 
be  taken  and  filed  with  the  city  clerk  as  herein  provided, within 
thirty  days  from  the  day  fixed  by  the  city  council  for  taking  the 
same:  Provided,  that  the  council  may,  from  time  to  time,  upon 
sufficient  cause  shown,  extend  the  time  for  taking  and  filing  said 
proofs. 

614.  When  all  the  evidence  shall  have  been  taken,  the 
same  shall  be  filed  forthwith  with  the  city  clerk,  who  shall 


164 


CITY  ORDINANCES. 


immediately  lay  the  same  before  the  city  council,  and  the  coun¬ 
cil  shall,  without  delay,  refer  the  same  to  some  appropriate 
committee  to  investigate  and  report  upon;  and  upon  such  report 
being  made,  the  council  shall  decide  the  same  according  to  the 
right  of  the  matter,  and  shall  declare  as  elected  the  person  who 
shall  appear  by  the  evidence  to  have  been  elected.  The  council 
may  require  all  the  testimony  and  proofs  taken  to  be  read  in 
open  council. 

615.  Whenever  in  case  of  contested  election  no  notice  shall 
be  given  by  either  party  to  take  the  depositions  of  witnesses,  and 
the  question  or  questions  to  be  determined  in  such  contest  shall 
depend  wholly  upon  a  recount  of  the  ballots  cast  at  such  elec¬ 
tion  the  city  council  at  the  first  regular  meeting  after  the  expir 
ation  of  the  time  for  filing  notice  for  taking  depositions  shall 
fix  a  time  wh^n  said  c  mtest  shall  be  taken  up,  which  time  shall 
be  not  later  than  the  next  regular  meeting  of  the  council,  and  at 
which  time  the  city  clerk  having  in  his  posseesion  the  ballots 
cast  at  such  election  shall  in  open  session  of  the  city  council, 
open  the  same  and  such  ballots  shall  thereupon  be  recounted  in 
said  open  session  of  the  city  council  and  in  the  presence  of  the 
city  clerk.  That  after  said  recounting  the  result  as  found  by 
the  city  council  shall  be  declared  and  by  the  clerk  recorded  and 
the  ballots  shall  again  be  sealed  up  the  said  city  clerk  and 
retained  in  his  possession  to  be  disposed  of  according  to  law. 

616.  Whenever  it  shall  appear  in  any  case  that  the  person 
receiving  the  highest  number  of  votes  is  ineligible  to  the  office 
because  of  any  legal  disqualification  it  shall,  for  that  reason,  be 
the  duty  of  the  city  council  to  declare  said  election  null  and 
void,  and  immediately  call  a  special  election  to  fill  said  office. 


CHAPTER  XXXI. 

FIRE  ARMS,  GUNPOWDER  AND  EXPLOSIVES. 

617.  The  keeping  for  sale  or  selling  of  gunpowder,  cart¬ 
ridges  or  loaded  shells  without  a  license  therefor,  is  prohibited, 
and  no  license  shall  be  issued  allowing  the  keeping  in  store  of 
more  than  twenty-five  pounds  of  gunpowder  at  any  one  time, 
unless  kept  in  some  secure  magazine  or  fire-proof  powder-house, 
located  at  least  one  hundred  feet  from  any  other  occupied  build¬ 
ing,  and  when  kept  in  a  store  or  place  for  retail,  it  shall  be  kept 
in  tin  or  other  metallic  cannisters  or  cases,  and  in  a  part  of  the 
building  remote  from  any  fire,  lamp,  candle  or  burning  matter 
liable  to  produce  explosion,  and  whoever  shall  violate  this  sec- 


CITY  ORDINANCES. 


165 


tion,  or  any  provision  of  it,  shall  be  subject  to  a  penalty  of 
twenty  dollars. 

618.  Every  person  licensed  to  sell  gunpowder  shall  keep  a 
sign  with  the  words  ‘‘Gunpowder  and  Ammunition  for  Sale,”  in 
plain  letters,  in  some  conspicuous  place  in  front  of  the  building 
where  such  powder  is  kept.  And  no  sales  of  gunpowder,  ex¬ 
cept  in  unopened  cans  shall  be  made  after  night,  and  any  person 
convicted  of  violation  of  any  of  the  provisions  of  this  section 
shall  be  subject  to  a  penalty  of  ten  dollars. 

619.  Whoever  shall  bring  or  cause  to  be  brought  into  the 
city  any  gunpowder  concealed  in  any  box  or  other  package 
marked  as  containing  other  articles,  shall  be  subject  tj  a  pen¬ 
alty  of  twenty-five  dollars. 

620.  The  carrying  of  gunpower  through  the  streets  or 
other  public  places  in  a  careless  or  negligent  manner,  or  the 
remaining  with  such  powder  in  any  public  place  longer  than 
necessary  for  the  transportation  of  the  same  from  one  place  to 
another,  shall  subject  the  party  offending  to  a  penalty  of  not 
less  than  five  dollars. 

621.  It  shall  not  be  lawful  for  any  person  to  manufacture 
within  the  city  limits  any  explosive  material  or  compound  to  be 
used  for  any  purpose,  the  manufacture  of  which  would  be 
dangerous  to  life  or  property,  under  the  penalty  of  fifty  dollars 
and  the  further  penalty  of  twenty-five  dollars  for  each  and 
every  day  such  explosive  material  shall  be  manufactured  after 
notice  to  discontinue  from  the  mayor. 

622.  It  shall  not  be  lawful  to  store  or  keep  in  any  building, 
or  other  place,  within  the  city,  or  convey  through  any  street, 
alley  or  public  place  in  the  city,  any  dynamite,  nitro-glycerine, 
or  other  explosive  material  or  compound,  other  than  gunpow¬ 
der,  unless  a  permit  in  writing  for  such  purpose  be  first 
obtained  from  the  mayor,  under  a  penalty  of  fifty  dollars  for 
each  and  every  offense,  and  a  further  penalty  of  twenty-five 
dollars  for  each  and  every  day  such  explosive  material,  or 
compound,  may  remain  stored,  kept  or  deposited  in  the  city. 

623.  Whoever  shall  bring  or  cause  to  be  brought  into  the 
city  any  gunpowder  or  other  like  explosive  powder  or  substance 
concealed  in  any  box,  barrel  or  package,  or  any  package  or  case 
containing  gunpowder  or  other  like  explosive  powder  or  sub¬ 
stance  marked  or  purporting  to  be  other  than  what  such  pack¬ 
age  or  case  actually  contains,  shall  be  subject  to  a  penalty  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars. 

624.  No  person  shall  carry  or  convey  any  gunpowder. gun¬ 
cotton,  nitro  glycerine,  dynamite  or  other  like  explosive  sub- 


1G6 


CITY  ORDINANCES. 


stance,  in  or  through  any  street,  avenue,  alley  or  other  public 
place,  in  a  careless  or  negligent  manner,  or  in  any  quantity 
not  exceeding  five  pounds,  except  the  same  be  enclosed  in 
secure  canisters,  cases  or  kegs;  nor  shall  remain  with  the  same 
in  any  street,  alley  or  other  public  place,  longer  than  may  be 
necessary  for  the  carrying  or  transportation  thereof  from  one 
place  to  another,  under  a  penalty  of  five  dollars  in  each  case. 

625.  Any  person  keeping  gunpowder  or  other  like  explo¬ 
sive  material  in  any  building  within  the  city,  shall,  in  writing, 
notify  the  fire  marshal  where  in  such  building  such  powder  or 
explosive  is  kept,  and  shall,  in  the  event  of  such  building  taking 
fire,  or  being  in  danger  of  taking  fire  from  any  other  building 
adjacent  thereto,  immediately  cause  said  gunpowder  -or 
other  explosive  material  to  be  removed  therefrom,  or;  in 
case  of  his  not  being  able  to  remove  the  same,  he  shall 
forthwith  notify  the  chief  of  fire  department  or  other  officer  in 
command  at  such  fire,  of  the  location  and  quantity  thereof;  and 
for  any  neglect  or  failure  to  comply  with  the  requirements  of 
this  section,  such  person  shall  be  liable  to  a  fine  of  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars. 

626.  Whoever  shall,  within  the  corporate  limits  of  the 
city,  fire  or  discharge  any  cannon,  gun  or  pistol  or  other  fire¬ 
arm,  shall  be  subject  to  a  penalty  of  not  less  than  three  dollars 
nor  more  than  twenty-five  dollars  for  each  offense:  Provided, 
that  the  discharge  of  fire-arms  by  the  members  of  any  military 
company,  when  on  parade,  and  in  accordance  with  the  command 
of  their  commanding  officer  or  by  any  officer  or  other  person  in 
the  performance  of  any  legal  duty  or  lawful  act,  when  the  same 
may  be  done  without  endangering  the  safety  of  any  person,  or 
the  injuring  of  any  property,  shall  not  be  deemed  violations 
hereof. 

627.  Whoever  shall,  without  permit  from  the  mayor,  set 
off,  fire  or  explode  any  toy  pistol,  torpedo,  fire  cracker,  roman 
candle,  sky  rocket,  or  other  fireworks,  or  shall  make  or  kindle 
any  bonfire  within  the  city,  shall  incur  a  penalty  of  not  less 
than  one  dollar  nor  more  than  five  dollars  for  each  and  every 
offense:  Provided,  that  the  setting  off  or  exploding  of  fire¬ 
works,  or  the  making  or  kindling  of  bonfires,  except  upon 
paved  streets,  on  the  fourth  day  of  July  in  any  year,  shall  not 
be  deemed  violations  of  this  section. 

628.  No  person  shall  within  the  city,  sell,  loan  or  furnish 
to  any  minor,  except  the  parent  or  guardian  of  such  minor,  any 
gun,  pistol,  fowling  piece  or  other  firearms,  or  any  pistol  or  toy 
of  any  sort  for  the  explosion  of  percussion  caps,  under  a  pen¬ 
alty  of  not  less  than  five  dollars. 


CITY  ORDINANCES. 


167 


CHAPTER  XXXII. 

FIRE  LIMITS. 

629.  All  that  portion  of  said  city  described  as  follows, 
to-wit:  Lots  5  and  6,  block  6;  lots  1,  4,  5,  6,  block  7,  and  all 
of  blocks  10,  11,  12  19,  20,  21  and  25,  and  all  of  block  24, 
except  the  west  half  of  lots  6,  7,  10  and  11,  original  plat  of  the 
town  of  Monmouth,  shall  be  known  as  the  fire  limits  of  the 
city. 

630.  No  building  or  structure  of  any  kind  or  description 
shall  be  erected  or  constructed  within  the  fire  limits  of  the  city, 
except  in  the  manner  as  hereinafter  provided. 

631.  Before  any  person  shall  hereafter  erect  or  cause  to 
be  erected,  any  building  within  the  said  fire  limits  he  shall  first 
make  a  written  application  to  the  fire  marshal  for  a  building 
permit,  in  which  application  he  shall  specify  the  nature,  loca¬ 
tion,  material  and  dimensions  of  the  proposed  building.  In 
case  it  appears  from  the  specifications  in  such  application  that 
the  proposed  building  is  within  the  provisions  of  this  article, 
the  fire  marshal  shall  grant  the  building  permit. 

632.  All  outside  and  party  walls  shall  be  of  stone  brick 
or  other  fire  proof  materials.  All  joists,  beams  or  other  tim¬ 
ber  in  outside  walls,  and  all  wooden  lintels  and  plate  pieces 
shall  recede  from  the  outer  surface  of  the  wall  at  least  four 
inches.  All  end  and  party  walls,  when  the  buildings  are  con¬ 
nected,  shall  extend  above  the  sheeting  of  the  roof  at  least 
seven  inches,  or  three  courses  of  brick,  and  in  no  case  shall  the 
plank  or  sheeting  of  any  roof  extend  across  any  party  or  end 
wall. 

633.  No  chimney  shall  be  built  with  less  than  four-inch 
walls,  and  no  chimney  top  shall  be  less  than  five  feet  above  the 
roof  (for  flat  roof),  and  two  feet  above  the  ridge  of  any  pitched 
roof;  flues  in  business  buildings  shall  have  four  inch  wails  and 
eight-inch  jambs;  no  joist  or  timbers  in  any  building  shall  rest 
in,  upon,  or  against  the  walls  of  any  chimney. 

634.  No  wooden  building  within  the  fire  limits  shall  be 
repaired  further  than  to  make  good  the  ordinary  and  natural 
deterioration,  nor  enlarged  in  area  on  ground,  nor  added  to  in 
any  manr  er  without  a  perm  t  from  the  fire  marshal;  provided, 
no  permit  shall  be  so  given  whereby  the  fire  risk  may  be  in¬ 
creased,  as  to  such  structure  or  any  other  adjacent  thereto; 
nor  shall  any  wooden  building,  whether  within  or  without  said 
fire  limits  be  removed  to  any  other  p  ace  within  the  same  with¬ 
out  like  permission  from  the  fire  marshal. 


168 


CITY  ORDINANCES. 


635.  All  smoke  houses  and  places  for  the  deposit  of  ashes, 
within  or  without  the  said  lire  limits,  shall  be  of  stone,  brick 
or  other  lire  proof  material. 

636.  Sheds  not  exceeding  12  feet  in  height  from  the 
ground  at  the  highest  parts  thereof,  and  not  exceeding  75  feet 
area,  and  privies  may  be  constructed  of  wood;  such  sheds  and 
privies  shall  be  separate  structures,  and  sheds  shall  not  be 
located  on  the  front  part  of  any  ot,  nor  shall  ihey  be  used  as  a 
dwelling,  or  for  any  business  purpose  whatever. 

637.  Shelter  sheds  may  be  constructed- having  incombusti¬ 
ble  roofing  not  over  twenty  feet  high  from  the  ground  to  the 
highest  point  of  ro  if,  the  roof  to  be  supported  on  sufficient 
posts  or  piers.  Such  sheds  shall  have  no  enclosing  walls  or 
wooden  floors. 

638.  All  owners  of  buildings  or  parts  of  buildings  erected 
or  repaired,  within  the  said  limits  in  violation  of  the  provisions 
of  this  ordinance,  and  all  persons  aiding  or  assisting  in  the 
erection  or  repair  of  such  buildings  or  parts  of  buildings,  shall 
be  subject  to  a  penalty  of  not  less  than  twenty  dollar’s,  and  not 
more  than  one  hundred  dollars. 

639.  No  shingle  or  wooden  roofs  of  any  kind  shall  be 
placed  upon  any  building  hereafter  to  be  constructed,  rebuilt, 
or  repaired  within  the  “fire  limits”  of  the  city,  and  no  such 
shingle  or  wooden  roof  of  any  kind  within  said  fire  limits  shall 
be  repaired  further  than  to  make  good  ordinary  and  natural 
deterioration,  nor  enlarged,  nor  added  to;  but  all  roofs  con¬ 
structed  within  said  “fire  limits”  shall  be  constructed  of  iron, 
slate  or  other  fire  proof  materials. 

640.  Whenever  any  frame,  brick,  or  stone  building  shall 
have  become  damaged  by  fire  or  decay,  the  extent  of  wThich,  in 
the  judgment  of  the  fire  marshal,  exceeds  50  per  cent,  of  the 
value  of  such  building,  or  if  the  building  in  the  judgment  of  the 
fire  marshal  is  considered  unsafe  to  the  public  or  the  occupants 
thereof,  on  account  of  fire,  decay,  or  any  other  cause,  then  the 
fire  marshal  shall  have  power  to  condemn  the  same. 

641.  If  the  owner  or  owners  of  such  building  object  to  the 
conclusion  arrived  at  by  the  said  marshal,  he  or  they  may  file 
with  the  fire  marshal  a  petition  asking  for  the  appointment  of 
arbitrators  to  determine  the  question  of  damage  to  or  safety  of 
such  building;  or  if  the  fire  marshal  should  conclude  that  the 
damage  is  less  than  fifty  per  cent,  or  that  the  building  is  safe, 
then  and  in  that  case  any  three  citizens  may  claim  an  arbitration 
to  ascertain  the  damage  to  or  the  safety  of  such  building. 

642.  In  either  case  the  party  or  parties  asking  for  arbitra¬ 
tion  shall  pay  twelve  dollars  to  the  fire  marshal  on  filing  his  or 


CITY  ORDINANCES 


169* 

their  petition,  which  shall  be  in  full  of  the  costs  of  such  arbi¬ 
tration.  The  arbitration  to  consist  of  three  disinterested  per¬ 
sons,  one  to  be  chosen  by  the  fire  marshal,  one  by  the  party  or 
parties  tiling  the  petition,  and  the  two  thus  chosen  shall  select 
a  third,  and  the  decision  of  a  majority  of  the  persons  so 
selected  shall  be  final  and  conclusive. 

643.  Arbitrators  selected  before  entering  upon  their  work, 
shall  make  and  subscribe  an  oath  before  any  officer  authorized 
to  administer  oaths  that  they  will  make  a  thorough  examina¬ 
tion  of  the  premises  damaged  or  alleged  to  be  unsafe  as  afore 
said,  and  make  a  just  and  true  report  as  to  the  amount  and  extent 
of  such  d  amage  or  condition,  the  report  to  be  signed  in  duplicate,, 
the  original  to  be  handed  to  the  fire  marshal,  the  duplicate  to  bo 
given  to  the  owner  of  the  premises  in  question. 

644.  "Whenever  such  building  shall  be  adjudged  by  such 
arbitrators  to  have  bren  damaged  by  fire  or  decay,  to  the  extent 
of  fifty  per  cent,  of  its  value,  or  adjudged  to  be  unsafe,  such 
building  shall  be  condemned  by  the  fire  marshal,  and  it  shall 
be  unlawful,  as  aforesaid,  to  repair  or  use  the  same. 

645.  Whenever  the  owner,  agent,  or  occupant  shall  refuse- 
or  neglect,  after  five  days’  notice  to  petition  for  such  arbitra¬ 
ment,  it  shall  be  lawful  for  the  fire  marshal  to  declare  such 
premises  as  set  forth  in  such  rotice,  as  having  in  his  judgment 
been  damaged  by  fire  or  decay  to  the  extent  of  fifty  per  cent, 
of  its  value;  or  unsafe  as  the  case  may  be.  * 

646  The  fire  marshal  shall  be  ex  officio  the  inspector  of 
buildings,  and  shall  do  and  perform  all  acts  and  things  necessary 
to  have  the  provisions  of  this  chapter  enforced.  He  shall  keep  a 
register  of  all  building  permits  granted,  and  report  the  same  to 
the  city  council  annually.  All  notices  under  the  provisions  of 
this  chapter  may  be  served  by  the  city  marshal,  or  any  police 
officer. 

647.  Any  person  or  persons,  company  or  corporation  vio¬ 
lating  or  refusing  to  comply  with  the  provisions  of  this  chapter* 
to  which  a  penalty  is  not  otherwise  provided,  shall  be  liable  to 
a  penalty  of  not  less  than  ten  nor  more  than  one  hundred  dol¬ 
lars;  and  also  sha'l  be  liable  to  a  like  additional  pena  ty  for 
every  forty-eight  hours  they  shall  continue  to  violate  or  refuse^ 
to  comply  with  the  said  provisions  after  receiving  proper- 
notice  of  the  same. 

648.  For  the  failure,  neglect  or  refusal  to  enforce  the  pre¬ 
visions  of  this  chapter  the  fire  marshal  shall  be  liable  to  a» 
penalty  of  not  less  than  one  nor  more  than  twenty  five  dollars. 


170 


CITY  ORDINANCES. 


CHAPTER  XXXIII. 

FIRE  PROTECTION. 

649.  The  mayor,  fire  marshal,  and  chairman  of  the  fire 
committee  of  the  council  shall  constitute  a  board  of  fire  com¬ 
missioners.  The  city  clerk  shall  be  clerk  of  said  board,  and 
the  city  marshal  shall  execute  all  orders  of  and  serve  all  notices 
issued  by  the  board.  The  services  of  the  members  of  the  board 
as  such,  and  the  clerk  and  marshal  as  officers  of  the  board, 
shall  be  rendered  without  extra  compensation. 

650.  A  majority  of  the  board  of  fire  commissioners  shall 
constitute  a  quorum,  and  it  shall  be  their  duty  to  provide  for 
ihe  proper  inspection  of  all  buildings  now  erected  or  hereafter 
to  be  erected  within  the  fire  limits,  and  enforce  the  ordinances 
of  the  city,  prescribing  rules  of  construction  designed  for  pro¬ 
tection  from  fire. 

651.  Whenever  the  board  of  fire  commissioners  shall  find 
any  building  not  constructed,  arranged  and  provided  as  required 
by  the  ordinances  of  the  city  or  the  regulations  established  by 
such  board  thereunder,  or  that  any  building  is  about  to  be 
erected,  arranged  and  equipped  without  conforming  to  such 
ordinances  and  regulations,  the  board  shall  require  in  writing 
the  person  or  party  in  charge  of  such  building  to  make  the 
proper  alterations  in  the  plan  of  construction,  arrangement 
and  equipment  cf  such  bunding,  in  such  reasonable  time  and 
manner  as  said  board  shall  specify,  and  forbidding  further  pro¬ 
gress  in  the  work  except  in  compliance  with  such  order. 

652.  Any  person  who  shall  proceed  with  the  construction, 
arrangement  or  equipment  of  any  building  in  violation  of  the 
ordinances  of  the  city,  and  any  person  who  shall,  after  being 
served  with  the  order  of  the  board  of  fire  commissioners, 
neglect  or  refuse,  within  reasonable  time  after  such  service,  to 
make  the  alterations  in  such  building  required  by  such  board 
according  to  the  provisions  of  the  ordinances  of  the  city,  shall 
be  subject  to  a  penalty  of  not  less  than  ten  dollars  for  each 
offense  and  of  five  dollars  for  every  day’s  delay  in  complying 
with  the  orders  of  the  board. 

653.  It  shall  be  the  duty  of  the  fire  marshal  of  the  fire 
department  at  stated  times,  at  least  twice  in  each  year,  to  detail 
a  member  of  said  department  to  make  a  careful  personal  exam¬ 
ination  of  each  chimney  and  chimney  flue  of  each  building 
•within  the  fire  limits,  and  upon  the  spot  note  in  writing  in  a 
book  to  be  furn'shed  him  by  the  clerk  for  that  purpose,  the 
date  of  such  examination,  the  number  and  location  of  chimneys 


CITY  ORDINANCES. 


171 


in  each  building;  number  of  flues  in  each,  size  and  construction 
of  each  chimney,  stating  specially  in  what  condition,  as  to 
absolute  security  from  danger,  each  was  found;  and  if  defec¬ 
tive,  from  what  cause,  and  how,  what  changes  and  repairs,  if 
any,  are  needed  to  make  the  same  absolutely  safe.  Such  exam¬ 
ination  shall  be  by  blocks,  commencing  at  northeast  corner 
and  going  round  with  the  sun.  Each  report  book  shall  be 
promptly  returned  to  the  fire  marshal,  who  shall  carefully  note 
therein  the  date  of  its  receipt,  and  place  and  keep  the  same  on 
file  for  convenient  reference.  Upon  the  receipt  of  such  report 
the  fire  marshal  .shall  thereupon  draw  a  list,  by  blocks  of  all 
buildings  so  reported  as  needing  attention,  aud  within  five  days 
from  receipt  of  such  report  the  board  of  fire  commissioners 
shall  personally  examine  each  such  building  and  chimney  con¬ 
tained  in  the  list,  determining  as  to  each,  and  noting  upon  the 
list  what  changes  and  repairs  as  to  chimneys  and  flues  each 
building  requires,  and  in  writing  order  the  owner  and  occupant 
promptly  to  make  and  cause  such  required  changes  and  repairs 
to  be  made,  noting  such  order  upon  the  list  with  date  thereof. 
Failure  to  comply  with  such  order  within  ten  days  after  service 
of  such  order  shall  subject  the  offender  to  a  fine  of  not  less  than 
five  dollars  and  to  a  like  penalty  for  each  day’s  further  delay. 

•654.  Upon  complaint  or  statement  in  writing  by  any 
reputable  resident  to  the  board  of  fire  commissioners  that  there 
is  reason  to  doubt  the  probable  safety  of  any  building  or  chim¬ 
ney,  or  any  fire  place  or  stove,  or  other  apparatus  for  conduct¬ 
ing  heat  or  smoke  in  any  building,  whether  within  or  without 
the  fire  limits,  whether  already  built  or  in  process  of  construc¬ 
tion,  the  board  shall  at  once  examine  the  same,  and  if  they 
deem  it  unsafe  or  dangerous  they  shall  forthwith  in  writing 
notify  the  owner  or  person  in  charge  of  the  same  of  such  defect 
or  faulty  construction,  state  in  just  what  it  consists  and.  what 
change  is  required,  ordering  such  person  or  persons  within 
some  short  time  to  be  named  in  such  order  to  remedy  such 
defect.  Failure  or  refusal  to  comply  with  any  such  order, 
within  the  time  named  therein  shall  subject  the  offender  to  a 
penalty  of  not  less  than  ten  dollars  for  each  offense,  and  a  like 
penalty  for  each  day’s  further  delay. 

655.  It  shall  not  hereafter  be  lawful  for  any  person  to 
erect  or  use  any  stove  or  stove  pipe  in  the  city  except  in  accord¬ 
ance  with  the  following  provisions:  No  part  of  any  stove  pipe 
shall  be  placed  or  suffered  to  remain  within  the  distance  of 
th'ree  inches  of  any  wood  or  wood  work  wdiatever.  Every  stove 
pipe  in  its  passage  through  any  ceiling,  floor,  partition  wall  or 
roof  shall  be  secured  in  its  position  at  every  such  passage  by 
plates  of  tin  or  iron,  or  by  means  of  cut  stone  or  earthenware 


172 


CITY  ORDINANCES. 


safes,  and  all  horizontal  pipes  or  portion  of  pipes  not  perpen¬ 
dicular  shall  be  supported  by  wires  or  other  proper  supporters 
so  as  to  prevent  all  danger  of  the  falling  of  such  pipes.  No 
stove  pipe  shall  terminate  or  discharge  at  any  distance  less 
than  three  feet  of  the  roof  or  any  wood  wrork  of  any  other 
building,  nor  discharge  toward  any  building  so  as  to  endanger 
the  same,  nor  into  any  street  or  alley. 

656.  All  buildings  of  three  or  more  stories  in  height  shall 
be  provided  with  one  or  more  metallic  (iron)  ladders,  with  stand 
pipe  hose  attached  (of  three  inch  calibre)  extending  from  within 
ten  feet  of  the  ground  or  walk  to  the  roof,  with  proper  caps  or 
cases,  and  supplied  with  at  least  fifty  feet  of  two  and  one-half 
inch  hose,  attached  and  attachable  at  the  top  of  stand  pipe. 
The  numbers,  location  and  construction  to  be  under  direction 
of  the  board  of  fire  commissioners. 

657.  All  doors  of  public  halls,  theaters,  hotels,  churches,, 
seminaries,  school  buildings  or  other  rooms,  wherein  crowds  of 
people  assemble,  shall  be  made  to  swing  outward,  and  no  chairs, 
stools,  or  seats  of  any  description  shall  be  placed  or  permitted 
to  remain  in  or  across  the  lobby,  aisles,  or  passage-ways,  in  any 
theater,  hall,  or  other  public  building,  when  the  same  is  occu¬ 
pied  by  the  public. 

658.  Every  theater,  public  hall,  hotel,  seminary  and  school 
building  shall,  within  thirty  days  after  notice  by  the  board  of 
fire  commissioners,  be  provided  with  fire  extinguishers,  in  such 
number  and  of  such  size  and  capacity  as  may  meet  the  approval 
of  the  boaid  of  fire  commissioners. 

659.  The  fire  marshal  shall  detail  two  efficient  firemen  of 
the  city  fire  department  to  attend  at  each  theater  and  public 
hall  daring  every  public  entertainment  therein,  and  remain  on 
duty  there  during  and  until  the  audience  passes  out  at  the  close 
of  such  entertainment.  It  shall  be  the  duty  of  such  firemen  to 
see  to  it  that  all  fire  preventing  and  fire  extinguishing  apparatus 
provided  for  such  hall  or  theater  is  at  all  times  in  good  working 
order  and  condition.  The  fire  marshal  may  temporarily  with¬ 
draw  such  firemen  from  the  building  in  case  he  requires  their 
services  elsewhere. 

660.  No  stairway  to  any  theater  or  public  hall  hereafter  to 
be  erected  shall  rise  more  than  ten  feet  without  a  platform,  and 
no  winders,  wheeling  or  circular  steps  shall  be  used.  Each 
stairway  and  passageway  shall  have  a  strong  hand  rail  on  each 
side  thereof  through  its  entire  length. 

661.  Every  theater  or  public  hall  hereafter  to  be  erected 
with  accommodation  for  five  hundred  or  more  persons  shall 
have  at  least  two  separate  and  distinct  exits,  to  be  as  far  apart 


CITY  ORDINANCES. 


173 


as  may  be  found  practicable,  those  accommodating  seven  hun¬ 
dred  or  more  persons  shall  have  at  least  three  separate  and  dis¬ 
tinct  exits  The  exits  fiorn  all  galleries  shall  be  independent 
of  and  separate  from  the  exits  of  the  main  floor.  The  egress, 
openings  and  stairways  shall  in  no  case  be  less  than  five  feet 
wide  nor  aggregate  a  less  proportion  than  eighteen  inches  for 
each  one  hundred  persons  such  theater  or  public  hall  may 
accommodate. 

662.  No  hotel  or  other  building  more  than  two  stories  in 
height  shall  be  used  for  lodging  persons  or  used  as  lodging 
rooms  above  the  second  story  thereof,  unless  and  until  each 
floor  is  provided  with  at  least  two  stairways  of  such  width  as 
the  board  of  fire  commissioners  may  determine,  safely  and  sub¬ 
stantially  constructed  and  kept,  affording  safe  and  convenient 
means  of  exit  from  such  building  at  all  times.  Such  stairways 
shall  be  situate  as  nearly  as  may  be  at  opposile  ends  of  such 
building  with  especial  regard  to  safe  egress  of  all  persons  in 
such  building  in  case  of  fire  and  at  all  times. 

663.  Every  lodging  room  above  the  second  floor  in  any 
building  shall,  previously  to  being  occupied  as  such,  be  pro¬ 
vided  with  a  good  and  sufficient  rope  of  not  less  than  one-half 
inch  in  diameter,  at  all  times  firmly  attached  to  a  beam,  post  or 
timber  in  the  room,  and  of  sufficient  length  to  reach  from  the 
window  of  such  bed  room  to  the  ground  or  walk  beneath,  and 
so  looped  or  knotted  as  in  the  judgment  of  the  board  of  fire 
commissioners  shall  furnish  safe  escape  for  the  person  or  per¬ 
sons  lodging  in  such  rooms  in  case  of  fire. 

664.  The  keeper  of  each  building  occupied  as  a  hotel  or 
lodging  rooms,  capable  of  accommodating  fifty  or  more  persons, 
shall  at  all  times  keep  in  his  employ  a  night  watchman  con¬ 
stantly  on  duty  in  such  building,  under  such  regulations  as  may 
from  time  to  time  be  established  by  the  board  of  fire  commis¬ 
sioners. 

665.  No  person  shall  keep  ashes  in  any  wooden  vessel  or 
on  any  wooden  floor,  or  deposit  any  ashes  uncovered  in  or  near 
any  building  not  fire  proof,  or  near  any  cumbustible  material,  or 
in  any  street  or  elsewhere  in  the  inhabited  parts  of  the  city 
until  every  particle  of  fire  is  extinguished. 

666.  No  person  shall  stack  or  deposit  hay,  straw  or  other 
like  combustible  materials,  not  in  any  enclosed  stable  or  build¬ 
ing,  and  within  fifty  feet  of  any  dwelling  house  or  building 
where  fire  is  kept,  or  shall  strew  or  leave  shavings,,  straw, 
paper,  or  other  like  combustible  materials  around  or  near  to  any 
building  or  property  likely  to  burn,  or  in  any  passage  way,  or 


174 


CITY  ORDINANCES. 


unoccupied  room,  in  any  office  or  apartment  building,  or  shall 
set  tire  to  or  burn  on  the  open  ground,  and  near  to  any  building 
or  dwelling,  any  shavings,  straw,  paper,  rubbish  or  other  com¬ 
bustible  materials,  or  shall  leave  any  fire  on  the  open  ground 
unextinguished  after  night,  or  shall  boil  any  pitch,  rosin,  tar, 
oil,  or  other  inflammable  liquid  or  substance,  except  in  some 
secure  and  safe  building,  duly  protected  against  the  danger  of 
tire,  or  if  in  the  open  air,  at  least  thirty  feet  from  any  buildings 
likely  to  burn,  or  burn  out  any  chimney  or  flue,  unless  when 
raining,  or  when  roofs  and  ground  are  covered  with  snow. 

667.  No  person  shall  negligently,  carelessly  or  willfully 
make,  kindle  or  leave  any  coals  of  tire  on  any  planked  sidewalk 
or  crossing,  or  any  tire  in  the  open  air  or  exposed  place,  or 
carelessly  or  negligently  carry  burning  coals  or  other  matter 
from  which  the  flying  sparks  may  be  liable  to  do  injury  or  set 
tire  to  other  things;  or  shall  leave,  deposit  or  use  any  hot  ashes 
or  other  dangerous  or  combustible  or  inflammable  thing  or  mater¬ 
ial,  or  carry  any  light  not  protected  by  a  secure  lantern  into 
any  stable  or  building  containing  straw  or  other  combustible 
material,  or  any  lighted  lamp,  candle,  gas  light  or  burning 
matter  at  such  a  time  or  in  such  a  manner  as  to  cause  or 
endanger  injury  to  any  building  or  property  thereby. 

668.  Any  person  violating  any  of  the  provisions  of  Sec¬ 
tions  655  to  667  inclusive  of  this  chapter,  shall  be  subject  to  a 
penalty  of  not  less  than  three  dollars  for  each  offense. 


CHAPTER  XXXIV. 

GASOLINE,  NAPTHA,  ETC. 

669.  No  person,  persons  or  corporation  shall  keep  or  store 
within  the  city  of  Monmouth,  any  gasoline,  coal  oil,  petroleum 
or  any  of  its  products  in  any  greater  quantity  in  one  building 
than  two  barrels  or  tanks  of  fifty  gallons  each,  without  first 
obtaining  a  permit  as  hereinafter  required. 

670.  Not  more  than  one  barrel  or  tank  of  fifty  gallons 
each  shall  be  allowed  in  any  building,  except  all  above  one  bar¬ 
rel  shall  be  kept  in  a  cellar;  the  floor  of  which  shall  be  at  least 
live  feet  below  the  grade  of  the  adjacent  street,  unless  it  be  a 
building  kept  under  a  permit. 

671.  No  gasoline,  coal  oil  or  petroleum,  or  any  of  its  pro¬ 
ducts  shall  be  kept  or  stored  in  front  of  any  building,  nor  in,  nor 


CITY  ORDINANCES.  175 

on  any  street  or  alley,  lot  or  sidewalk  for  a  longer  period  of  time 
than  sufficient  to  receive  in  store  or  deliver  the  same;  said  time 
not  to  exceed  six  hours. 

672.  If  any  person,  persons  or  corporation  shall  desire  to 
sto:e  or  keep  any  gasoline,  coal  oil,  petroleum  or  any  of  its 
products  in  any  greater  quantity  than  two  barrels  or  tanks  of 
fifty  gallons  each  they  shall  apply  to  the  city  council  for  a  per¬ 
mit,  under  the  regulations  hereinafter  provided.  All  applica¬ 
tions  for  permits  shall  be  in  writing,  and  shall  state  the  place 
wffiere  it  is  proposed  to  store  the  oil,  the  character  of  the  oil  to 
be  stored,  and  the  quantity  of  each  kind,  the  size  and  character 
of  the  vats  or  receptacles  in  which  it  is  to  be  placed;  the  size 
and  nature  of  construction  and  material  of  the  building  in  which 
it  is  to  be  kept. 

673.  Benzine,  benzole,  gasoline  or  naptha  kept  for  retail 
shall  be  sold  by  daylight  only,  and  shall  be  kept  in  a  tin  can  or 
other  metal  vessel.  Kerosene  may  be  retailed  at  night.  In 
such  case  the  cask  from  which  it  is  drawn  must  be  at  least  10 
feet  from  any  light. 

674.  Any  person  violating  any  of  the  provisions  of  this 
chapter  shall,  on  conviction  thereof,  be  fined  in  a  sum  not  ex¬ 
ceeding  fifty  dollars  and  cost  for  each  and  every  offense;  and 
every  day  that  any  of  said  oils  or  substances  are  kept  or  stored 
contrary  to  the  provisions  of  this  chapter  shall  be  deemed  a 
new  and  distinct  offense.  It  is  hereby  made  the  duty  of  the 
city  marshal,  the  fire  marshal  and  all  police  officers  to  see  that 
the  provisions  of  this  chapter  are  enforced. 


CHAPTER  XXXV. 

GRADES. 

675.  That  the  permanent  grades  of  streets  and  alleys  in  the 
city  of  Monmouth  hereinafter  fixed  are  referred  to  a  plane  as 
the  base  or  datum  for  all  city  elevations.  Said  plane  is  re¬ 
ferred  to  an  iron  shaft  near  the  center  of  the  public  square  in 
the  city  of  Monmouth,  the  elevation  of  the  top  of  said  shaft 
being  768  feet  and  734  one  thousandths  of  a  foot  above  the  level 
of  the  sea  at  mean  tide  at  Biloxi,  Miss.,  and  700  feet  above  said 
sea  level  is  adopted  as  the  datum  plane. 

676.  This  plane  is  also  referred  to  permanent  bench 
marks  located  as  shown  by  the  “Report  on  a  permanent  grade 


176 


CITY  ORDINANCES. 


system,  City  of  Monmoulh,  Ill.,”  made  by  J.  F.  Wallace,  con¬ 
sulting  engineer,  March  2,  1891,  to  the  commiltee  on  streets 
and  alleys  of  the  city  of  Monmouth,  and  having  been  approved 
and  adopted  by  the  city  council  of  the  city  of  Monmouth  by 
ordinance  passed  on  the  6th  day  of  April,  1891,  and  approved 
April  10,  1891.  Such  bench  marks  referred  to  in  said  report 
being  generally  a  railroad  spike  driven  in  the  trunks  or  roots 
of  certain  trees  at  or  near  the  ground  line.  This  plane  is  also 
referred  to  by  “Revised  grade  map  B  of  the  city  of  Monmouth,  ” 
dated  July,  1900,  by  J.  Ed.  Miller,  engineer;  said  revised  map 
being  now  on  file  in  the  office  of  the  city  engineer.  I  The  figures 
mentioned  in  the  said  revised  map  are  in  feet  and  decimals  of  a 
foot  above  datum  plane,  and  are  hereby  established  as  the 
grades  on  the  center  of  street  intersections  and  other  points 
designated  on  said  revised  map.  All  inclinations  or  grades 
between  successive  points  established  by  this  ordinance  and 
indicated  on  said  revised  map  B  are  to  be  straight  lines. 


CHAPTER  XXXVI. 

HACKMEN  AND  DRAYMEN. 

677.  Licensed  hackmen  and  draymen  shall,  at  all  reasona¬ 
ble  times  when  requested,  and  the  proper  charges  are  tendered 
carry  with  care  and  dispatch  all  such  passengers  or  goods  as 
may  be  offered  them  respectively,  and  for  any  failure  or  refu¬ 
sal  to  do  so,  such  hackman  or  drayman  shall  be  subjected  to  a 
penalty  of  not  less  than  five  dollars,  nor  more  than  fifty 
dollars. 

678.  The  owners  of  hacks,  drays  and  other  vehicles, 
licensed  to  carry  persons  or  goods,  and  all  persons  taking  out 
license  therefor,  shall  be  responsible  for  all  baggage,  goods, 
wares,  merchandise  or  other  property  delivered  to  their  care, 
or  into  the  care  of  any  driver. or  person  having  charge  of  any 
such  hack,  dray  or  other  vehicle. 

6/9.  Every  driver  or  person  in  charge  of  or  soliciting 
passengers  for  any  hack  or  other  vehicle  carrying  persons  for 
hii  e,  shall  wear  in  plain  sight  a  badge  with  his  license  number 
and  the  word  “Hackman  engraved  thereon,  so  that  such  num¬ 
ber  and  words  may  be  easily  seen  and  read. 


CITY  ORDINANCES. 


177 


680.  All  drays,  wagons,  carts,  carriages,  hacks,  omni¬ 
buses  or  other  like  vehicles  subject  to  license  hereunder,  shall 
have  a  number,  to  be  furnished  by  the  city  clerk,  placed  in 
some  conspicuous  place  on  such  vehicle,  and  such  carrier  of 
person  or  of  goods  shall  transport  persons  or  goods  to  any  part 
of  the  city  with  promptness  and  care,  for  the  rates  of  fare 
fixed  by  the  city  council.  And  for  any  violation  of  their  duties 
in  that  respect,  such  carrier  shall  be  subject  to  a  penalty  of  not 
less  than  three  nor  more  than  fifty  dollars. 

681.  Licensed  hackmen  may  charge  and  receive  for  carry¬ 
ing  persons  for  any  distance  within  the  city  for  each  person  25 
cents,  but  no  charge  shall  be  made  for  conveying  children  of 
10  years  or  under  accompanying  parents  or  others.  ,  Every 
passenger  shall  be  allowed  to  have  conveyed  upon  such  vehicle 
without  charge  his  ordinary  traveling  baggage  not  exceeding 
in  each  case  one  trunk  and  25  pounds  of  other  baggage.  For 
every  additional  package  where  the  whole  wTeight  of  baggage 
is  over  100  pounds,  the  owner  or  driver  may  be  permitted  to 
charge  15  cents. 

682.  Whenever  any  article  of  baggage  or  package  of  goods 
shall  be  left  by  any  person  in  or  upon  any  licensed  hack,  hack¬ 
ney  coach,  omnibus,  dray,  wagon,  or  other  vehicle  for  the 
conveyance  of  passengers,  goods  or  baggage,  within  the  city, 
or  when  any  such  article  or  package  shall  be  left  in  the  care  of 
the  driver  or  runner  of  such  vehicle,  such  driver  or  runner 
shall,  upon  the  discovery  thereof,  forthwith  deliver  the  same 
at  police  headquarters  into  the  hand  of  the  officer  on  duty 
there,  unless  such  article  or  package  shall  be  sooner  delivered 
by  him  to  the  owner  or  person  entitled  to  the  possession  there¬ 
of.  Any  driver  or  runner  of  any  such  vehicle  neglecting  or 
refusing  to  comply  with  any  provision  of  this  section  shall  for¬ 
feit  and  pay  a  penalty  of  not  less  than  one  doJlar  nor  more  than 
ten  dollars  in  each  case. 

683.  Every  person  procuring  a  drayman’s  license  shall 
forthwith  cause  the  name  of  the  owner  and  number  of  the 
license  to  be  plainly  affixed  in  letters  at  least  one  and  one  half 
inches  in  length,  in  a  conspicuous  place  on  the  outside  of  each 
side  of  the  vehicle  licensed,  and  shall  keep  the  same  plain  and 
distinct  at  all  times  when  such  vehicle  is  used  during  the  con¬ 
tinuance  of  such  license  or  its  renewal,  and  upon  the  expira¬ 
tion  thereof  shall  immediately  cause  the  said  number  to  be 
removed  from  such  vehicle  and  no  longer  allow  such  vehicle  to 
be  used  with  said  number  thereon.  No  person  shall  use  or  per¬ 
mit  to  be  used  any  vehicle  with  a  license  number  thereon 
unless  a  license  has  been  issued  and  remains  in  force  therefor. 


178 


CITY  ORDINANCES. 


684<-  All  licensed  hacks  and  other  vehicles  all  the  time 
while  used  in  soliciting  and  carrying  passengers  to  and  from 
show  ground,  park,  camp  meeting  ground,  fair  ground,  race 
track, ball  ground,  shooting  ground  or'  other  similar  place, 
where  any  amusement,  recreation,  meeting,  exhibition,  fair, 
races,  ball  game,  shooting  match,  show,  circus,  menagerie, 
political  assemblage  or  other  public  gathering  is  being  had, 
shall  have  posted  on  the  outside  of  each  side  of  such  hack  or 
other  vehicle  a  conspicuous  placard,  which  can  be  easily  and 
readily  read  from  the  sidewalk  as  such  hack  or  vehicle  is  pass¬ 
ing  along  the  street,  stating  in  plain  figures  and  letters  the 
rates  charged  for  carrying  passengers  to  and  from  the  place  to 
which  such  hack  or  vehicle  is  running,  and  no  passenger  shall 
be  charged  more  than  the  rate  on  such  placard,  nor  more  than 
any  smaller  rate  by  any  driver  or  other  person  connected  with 
such  hack  or  vehicle,  agreed  upon  or  called  out  in  soliciting 
passengers  therefor.  Any  omission  to  comply  with  or  viola¬ 
tion  of  any  provision  or  requirement  of  this  section  shall 
subject  the  owner,  driver  or  other  person  having  charge  of 
such  hack  or  vehicle  or  collecting  the  fare,  or  any  or  all  of  them 
permitting  or  participating  in  such  omission  or  violation,  to 
a  fine  of  not  less  than  five  dollars  for  each  offense. 

685.  Licensed  draymen  may  charge  for  carrying  articles 
including  the  loading  and  unloading  thereof,  the  following 
rates : 

For  each  parcel  or  package  weighing  not  more  than  200 
pounds,  10  cents;  for  parcel  or  package  weighing  over  200 
pounds,  80  cents;  for  hauling  any  load  a  distance  of  six  blocks 
or  under,  25  cents;  for  greater  distance,  40  cents;  for  moving 
pianos,  safes  or  other  goods  requiring  special  apparatus  or 
special  cane  over  and  above  the  care  required  for  that  of  house¬ 
hold  goods,  or  requiring  the  services  of  a  helper,  or  for  ser¬ 
vices  other  than  loading,  hauling  and  unloading,  additional 
charges  may  be  made  by  fixing  the  same  before  doing  the 
work. 

686.  Hackmen  and  draymen  shall  at  all  times  keep  posted 
in  a  conspicuous  place  in  their  vehicle  so  as  to  be  easily  read,  a 
printed  copy  of  this  chapter  for  the  inspection  of  any  person 
desiring  to  or  employing  them,  and  shall  on  request  exhibit  the 
same  to  such  person  or  any  officer  of  the  city. 

687.  For  any  overcharge  for  services  or  any  violation  of 
any  provision,  or  failure  to  comply  with  any  requirements  of 
this  chapter  by  any  licensed  hackman  or  drayman,  the  person 
so  offending  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 


CITY  ORDINANCES. 


179 


CHAPTER  XXXVII. 

HEALTH. 

688.  No  person  shall  permit  or  have  any  offensive  water 
or  other  liquid  or  substance  on  his  premises  or  grounds  to  the 
prejudice  of  life  or  health,  whether  for  use  in  any  trade  or 
otherwise. 

689.  No  person  shall  throw  into  or  deposit  in  any  vault, 
sink,  privy  or  cesspool  any  offal,  meat,  fish,  garbage  or  other 
substance,  except  that  of  which  any  such  place  is  the  appro¬ 
priate  receptacle;  nor  shall  any  slops  or  kitchen  waste  be  per¬ 
mitted  to  run  into  any  privy  or  cesspool. 

690.  No  person  shall  hereafter  build,  maintain  or  use  any 
privy  or  privy  vault  within  the  city,  unless  the  same  be  at  least 
six  feet  from  1  he  line  of  the  adjacent  lot,  or  fifteen  feet  from 
the  line  of  any  public  street,  or  two  feet  from  any  alley,  and  at 
least  twenty  feet  from  any  dwelling  house  that  may  be  upon 
the  adjoining  lot,  unless  ihe  owner  of  the  adjoining  lot  shall 
agree  that  the  same  may  be  so  built,  maintained  or  used,  and 
all  such  vaults  shall  be  not  less  than  four  feet  deep,  and  shall 
be  securely  and  substantially  walled  and  so  constructed  as  to  be 
easily  cleaned. 

691.  When  any  noxious  or  offensive  odors  are  emitted  from 
any  privy,  it  shall  be  the  duty  of  the  owner,  his  agent  or  the 
occupant  of  the  premises,  to  disinfect  said  privy  without  delay 
and  to  cleanse  it,  so  as  to  prevent  a  recurrence  of  such  odors. 
The  marshal  or  the  health  officer  of  the  city,  may,  upon  com¬ 
plaint  being  made  to  him,  order  the  owner,  his  agent,-  or  the 
tenant,  to  disinfect  and  cleanse  the  said  privy  forthwith.  If 
such  order  is  not  complied  with  within  twenty-four  hours,  the 
officer  shall  proceed  to  have  the  said  privy  disinfected  or 
cleaned,  and  the  owner  or  the  tenant,  or  both,  when  the  order 
has  been  given  to  both,  shall  be  liable  for  all  the  expenses 
thereby  incurred,  and  a  civil  action  may  be  instituted  for  the 
recovery  of  such  expenses.  In  addition  thereto,  such  person 
or  persons  shall  be  liable  to  a  fine  for  a  violation  of  this 
ordinance. 

692.  No  meat,  fish,  birds,  or  fowls,  or  other  substances  or 
thing  not  being  then  pure,  healthy,  fresh,  sound  and  wholesome 
for  human  food  or  drink,  nor  any  meat  or  fish  that  died  by  dis¬ 
ease  or  accident,  shall  be  brought  within  the  city  or  offered  or 
held  for  sale  in  any  public  or  private  market  as  such  food  any¬ 
where  in  said  city  or  wfithin  one-half  mile  of  the  limits  thereof. 

693.  No  calf,  pig  or  lamb,  or  the  meat  thereof,  shall  be 
brought,  held,  or  offered  for  sale  as  food  in  said  city,  which  at 


180 


CITY  ORDINANCES. 


the  date  of  its  death  (being  a  calf)  was  less  than  eight  weeks 
old:  or  (being  a  pig)  was  when  killed  less  ihan  five  weeks  old; 
or  (being  a  lamb)  was  when  killed  less  than  eight  weeks. 

694.  No  person  shall  have  at  any  place  where  milk,  butter,  or 
cheese  is  kept  for  sale,  nor  shall  at  any  place  sell  or  deliver  or  offer 
or  have  for  sale  or  keep  for  use,  nor  shall  any  person  bring  or 
send  to  said  city,  any  unwholesome,  skimmed,  watered,  mixed 
or  adulterated  milk,  or  milk  known  as  “swill  milk,  ”  or  milk  from 
cows  or  other  animals  that  for  the  most  part  have  been  kept  in 
stables  or  that  have  been  fed  on  swill,  or  milk  from  sick  or  dis¬ 
eased  cows  or  other  animals,  or  any  butter  or  cheese  made  from 
any  such  milk  or  any  unwholesome  butter  or  cheese. 

695.  Every  butcher,  keeper  of  meat  market,  grocer,  milk¬ 
man  and  their  clerks  or  agents  shall  allow  the  board  of  health 
or  any  member  thereof,  or  any  person  authorized  by  the  board 
to  freely  and  fully  inspect  their  cattle,  meats,  milk,  fish,  fruit 
and  vegetables  held,  offered  or  intended  for  sale,  and  shall 
answer  all  reasonable  questions  in  relation  to  the  condition 
thereof,  and  of  the  places  where  such  articles  may  be.  And 
any  person  violating  this  section  shall  be  subject  to  a  penalty  of 
not  less  than  five  dollars. 

696.  No  cattle  shall  be  kept  in  any  place  of  which  the 
water,  ventilation  and  food  are  not  sufficient  and  wholesome  for 
the  preservation  of  their  health,  safe  condition  and  wliolesonre- 
ness  for  food. 

697.  Any  person  having  an  animal  past  recovery,  or  in  an 
offensive  condition,  or  sick  with  an  infectious  or  contagious  dis¬ 
ease  in  said  city,  and  every  person  whose  animal,  or  any  animal 
in  his  charge  or  under  his  control  in  any  street  or  place,  may 
die  or  become  or  be  in  a  condition  past  recovery,  shall  at  once 
remove  or  cause  the  removal  of  such  animal,  dead  or  alive,  to 
some  proper  place;  and  when  such  place  may  be  designated  by 
the  city  council,  to  the  place  so  designated. 

698.  No  building,  vehicle,  structure,  receptacle  or  thing 
used  or  to  be  used  for  any  purpose  whatever,  shall  be  made, 
used,  kept,  maintained  or  operated  in  the  city,  if  the  use,  keep¬ 
ing,  maintaining  or  operating  of  such  building,  vehicle,  struc¬ 
ture,  receptacle  or  thing  shall  be  the  occasion  of  any  nuisance, 
or  dangerous  or  detrimental  to  health. 

699.  Any  person  who  violates,  disobeys,  omits,  neglects  or 
refuses  to  comply  with,  or  who  resists  any  of  the  provisions  of 
this  chapter,  or  who  refuses  or  neglects  to  obey  any  of  the 
rules,  orders,  or  sanitary  regulations  of  the  department  of 
health,  or  who  omits,  neglects,  or  refuses  to  comply  with,  or 
who  resists  any  officer  or  order  or  special  regulation  of  said 


CITY  ORDINANCES. 


181 


department  of  health  shall,  upon  conviction,  be  subject  to  a  fine 
of  not  exceeding  two  hundred  dollars,  nor  less,  than  two  dollars 
for  each  offense. 


CHAPTER  XXXVIII. 

HOUSE  MOVING. 

700.  No  person  shall  move  or  cause  to  be  moved  any  build¬ 
ing  into,  along  or  across  any  street,  avenue,  alley  or  public 
ground  in  the  city,  without  first  obtaining  a  written  permission 
from  the  mayor. 

701.  Such  permission  shall  particularly  set  forth  the  route 
to  be  taken  in  moving  such  building,  and  the  route  shall  be 
determined  so  as  to  cause  the  least  interference  with  public  use 
of  the  streets  and  the  least  danger  of  injury  to  public  or  private 
property.  No  variation  from  the  route  so  fixed  shall  be  made, 
without  further  written  permission  from  the  mayor. 

702.  The  work  shall  be  diligently  prosecuted  continuously 
in  the  day  time  until  completion,  and  for  the  protection  of  the 
public  warning  shall  be  given  by  the  display  of  red  lights  at 
night. 

703.  The  building  shall  at  no  time  be  left  standing  where 
it  may  cause  any  obstruction  to  streets  at  intersections,  to  rail¬ 
road  tracks,  to  street  car  lines,  or  to  any  electric  wires  lawfully 
occupying  the  street.  Hue  care  shall  be  taken  to  avoid  injury 
to  streets,  sidewalks,  shade  trees,  railroad  tracks,  street  car 
tracks,  poles,  electric  wires,  and  all  public  and  private 
property. 

704.  The  person  in  charge  of  such  work  shall  at  the  close 
of  each  day  notify  the  lire  marshal  of  the  situation  of  such 
building,  and  if  the  work  will  be  continued  in  the  night.  He 
shall  give  proper  notice  to  the  managers  of  all  railroad  lines, 
street  car  lines  and  lines  having  electric  or  telephone  wires,  of 
the  route  assigned  to  him  and  the  time  when  the  building  moved 
by  him  will  approach  such  lines,  and  arrange  the  passage  of 
such  building  so  as  to  secure  the  least  interference  possible 
with  the  operation  of  such  lines.  He  shall  pay  to  the  managers 
of  such  lines  such  sum  of  money  as  the  mayor  may  direct  on 
account  of  the  cost  to  such  managers  of  removing  or  protecting 
any*poles,  wires  or  other  fixtures  which  may  be  interfered  with 
by  the  passage  of  such  building. 

705.  The  permission  of  the  mayor  for  such  work  shall  not 
be  given  unless  the  party  applying  therefor  shall  first  execute 


182 


CITY  ORDINANCES. 


and  file  with  the  city  clerk  a  good  and  sufficient  bond,  with  one 
or  more  sureties,  approved  by  the  mayor,  conditioned  for  the 
full  compliance  by  the  person  to  whom  such  permission  is  given 
with  all  the  provisions  of  this  chapter,  and  for  the  payment  by 
him  of  all  penalties  incurred  by  him,  and  all  damages  to  public 
and  private  property  or  interests  for  which  he  may  be  found 
liable. 

706.  Any  person  who  shall  violate  any  of  the  provisions  of 
this  chapter  shall  be  subject  to  a  penalty  of  three  dollars  for 
each  and  every  violation  thereof,  and  shall  also  be  liable  for  all 
damage  done  to  public  or  private  property  in  the  prosecution  of 
his  work  or  in  consequence  of  any  delays  in  the  performance 
thereof. 


CHAPTER  XXXIX. 

HOUSE  NUMBERING. 

707.  The  numbering  of  all  houses  fronting  upon  the  public 
streets,  avenues  and  thoroughfares,  within  the  city  of  Mon¬ 
mouth,  shall  be  in  conformity  with  the  system,  and  the  rules 
following: 

708.  Main  street  shall  be  the  base  or  dividing  line  for 
numbering  houses  on  all  streets  or  avenues  running  east  and 
west,  and  Broadway  shall  be  the  base  or  dividing  line  for  all 
streets  or  avenues  running  north  and  south. 

709.  All  streets  and  avenues  running  north  and  south  and 
crossing  and  being  north  of  said  Broadway,  shall  be  designated 
by  the  prefix  north,  and  the  portion  of  all  streets  and  avenues 
crossing  and  being  south  of  said  Broadway,  shall  be  designated 
by  the  prefix  south.  All  streets  and  avenues  running  east  and 
west  and  crossing  and  being  east  of  Main  street,  shall  be  desig¬ 
nated  by  the  prefix  east,  and  the  portion  of  all  said  streets  and 
avenues  running  east  and  west  and  crossing  and  being  west  of 
said  Main  street  shall  be  designated  by  the  prefix  west. 

710.  The  first  number  on  each  side  of  Broadway  shall  be 
1 00  and  progress  north  and  south  therefrom  at  the  rate  of  one 
hundred  numbers  to  each  block  as  nearly  as  practicable.  The 
first  number  upon  each  side  of  Main  street  shall  be  fOO  and 
progress  east  and  west  therefrom  at  the  rate  of  one  hundred 
numbers  to  each  block  as  nearly  as  practicable. 

711.  The  odd  numbers  shall  be  used  upon  the  east  side  of 
all  streets  and  avenues  running  north  and  south  in  the  city  of 


CITY  ORDINANCES. 


183 


Monmouth,  and  upon  the  south  side  of  all  streets  and  avenues 
running  east  and  west  in  said  city.  The  even  numbers  shall  be 
used  upon  the  west  side  of  said  streets  and  avenues  running- 
north  and  south,  and  upon  the  north  side  of  all  said  streets  and 
-avenues  running  east  and  west  in  said  citv. 

O  u 

712.  It  shall  be  the  duty  of  the  city  engineer,  in  pursu¬ 
ance  of  the  foregoing  sections,  to  establish  and  assign  all  house 
numbers  on  the  streets,  avenues  and  thoroughfares  of  the  city, 
and  in  so  doing  he  shall  keep  in  view  the  necessity  of  having 
the  numbering  in  general  as  nearly  uniform  as  possible,  and  he 
shall  prepare  the  necessary  records  of  the  numbers  so  assigned 
by  him  and  said  records  shall  be  evidence  of  such  numbers;  and 
he  shall  on  demand  furnish  each  owner  or  occupant  of  a  house, 
or  such  person  as  may  be  employed  in  numbering  the  houses  or 
buildings,  with  the  necessary  information  as  to  the  number 
belonging  to  each  house,  and  all  numbering  shall  be  strictly  in 
conformity  with  the  directions  and  regulations  of  said  city 
engineer,  the  figures  of  said  numbers  to  be  not  less  than  three 
inches  in  length. 

713.  All  owners  or  occupants  of  houses  now  erected  or 
which  may  hereafter  be  erected  within  said  city,  are  hereby 
required  to  number  their  houses  in  conformity  with  the  provis¬ 
ions  of  this  chapter,  and  the  regulations  of  the  city  engineer  in 
pursuance  thereof.  And  any  owner  or  occupant  of  any 
house  now  erected,  or  hereafter  to  be  erected  who  shall  fail  or 
refuse  to  number  said  house  as  aforesaid,  within  ten  (10)  days 
after  receiving  notice  from  the  city  engineer  to  number  said 
house  or  who  shall  number  any  house  otherwise  than  in  con-, 
formity  with  the  provisions  of  this  ordinance  and  the  regula¬ 
tions  of  the  city  engineer  shall  on  conviction  thereof  be  lined 
not  less  than  one,  nor  more  than  five  dollars  for  each  offense. 


CHAPTER  XL. 

\ 

INSURANCE  COMPANIES  AND  AGENTS. 

714.  That  all  corporations,  companies  and  associations,  not 
incorporated  under  the  laws  of  this  state,  which  are  engaged  in 
the  city,  in  effecting  fire  insurance,  shall  pay  to  the  treasurer  of 
the  city,  on  or  before  the  fifteenth  day  of  July  of  each  and  every 
year  hereafter,  two  (2)  per  cent,  of  the  gross  receipts  or  prem¬ 
iums  received  by  such  company,  corporation  or  association,  or 
their  agent  or  agents,  for  business  effected  or  transacted  for 
tire  insurance  within  the  said  city,  for  the  last  year  ending  July 
1st  preceding  said  dates. 


184 


CITY  ORDINANCES. 


715.  That  every  person  acting  as  agent  or  otherwise  for  or 
upon  behalf  of  such  corporation,  company  or  association,  in 
soliciting  or  effecting  insurance,  shall  on  or  before  the  15th  day 
of  J  uly  for  each  and  every  year  hereafter,  render  to  the  city 
clerk  a  full  and  just  account,  verified  by  oath  of  all  premiums 
which  during  the  year  ending  on  the  first  day  of  July  preceding 
such  dates  shall  have  been  received  by  him  or  any  other  person 
for  him  in  behalf  of  such  company,  corporation  or  association, 
and  shall  fully  and  specifically  set  out  in  such  report  the  amount 
or  amounts  so  received  for  such  fire  insurance.  And  that  said 
agent  or  agents  shall  also  at  the  time  of  making  such  report,  pay 
the  treasurer  of  the  city  the  sum  of  two  (2)  per  cent,  upon  the 
gross  receipts  of  such  corporation,  company  or  association, 
obtained  as  such  premiums  for  effecting  fire  insurance  in  the 
city  as  specified  in  Section  1  of  this  ordinance. 

716.  If  such  account  be  not  rendered  on  or  before  the  day 
herein  designated  for  that  purpose,  or  if  the  said  rates  shall 
remain  unpaid  after  that  day,  it  shall  be  unlawful  for  any  cor¬ 
poration,  company  or  association  so  in  default  to  transact  any 
business  of  insurance  in  the  city,  until  the  said  requisitions 
shall  be  fully  complied  with. 

717.  That  any  and  all  sums  so  received  under  this  ordin¬ 
ance  shall  be  kept  as  a  separate  fund  for  the  maintenance,  use 
and  benefit  of  the  fire  department  of  the  city. 


CHAPTER  XLI. 

LICENSES. 

718.  In  addition  to  the  licenses  otherwise  provided  for  by 
ordinance,  the  following  persons,  before  carrying  on  or  exercis¬ 
ing,  either  directly  or  indirectly,  their  business  within  the 
limits  of  this  city,  shall  first  procure  a  license  therefor,  viz: 
auctioneers,  brokers  in  grain  provisions  or  stocks,  carettes, 
draymen,  hackmen,  itinerant  merchants  and  transient  venders 
of  merchandise,  keepers  of  gunpowder  cartridges  or  loaded 
shells,  keepers  of  second  hand  stores,  junk  dealers,  pawnbrok¬ 
ers,  peddlers,  (except  peddlers  of  meat,  milk,  bread,  vegetables 
or  fruit),  sanitary  plumbers,  also  shows,  circuses,  menageries, 
side  shows,  museums,  theatres,  opera  houses,  skating  rinks, 
merry-go-rounds,  circular  swings  and  other  similar  devices,  and 
all  other  places  of  public  amusement;  public  scales,  also  all 
public  concerts,  lectures,  theatricals  and  other  exhibitions, 
amusements,  musical  performances  and  entertainments  in  any 


CITY  ORDINANCES 


185 


building  other  than  a  duly  licensed  theater  or  opera  house,  and 
not  given  solely  for  the  benefit  of  some  literary,  scientific, 
religious  or  charitable  organization  of  this  city.  Every  person 
violating  any  of  the  provisions  of  this  section  shall  be  subject 
to  a  penalty  of  not  less  than  five  dollars  for  each  offense;  and 
where  the  act  or  business  requiring  license  is  continuous  from 
day  to  day,  each  day’s  continuance  of  such  business  without 
license  shall  be  considered  a  separate  offense;  provided,  that 
for  circus  or  menageries  or  theatrical  exhibitions  under  canvass 
and  out  of  doors,  the  penalty  shall  not  be  less  than  fifty  dollars 
for  each  offense. 

719.  Every  person  engaged  in  any  business,  occupation  or 
pursuit,  required  to  be  licensed  under  the  provisions  of  this 
ordinance  or  the  laws  of  this  city,  shall  register  with  the  city 
clerk  his  name,  residence,  occupation  or  business,  and  the  place 
where  the  latter  is,  or  is  to  be  carried  on;  and  in  the  case  of  a 
company  or  firm,  the  names  of  the  persons  composing  the  same 
shall  also  be  registered. 

720.  All  persons,  whether  acting  as  clerk,  agent,  servant 
or  otherwise,  in  the  doing  of  any  business  for  which  license  is 
required,  who  shall  knowingly  engage  therein  or  do  any  such 
acts,  unless  their  principal  has  license  therefor  duly  granted, 
shall  be  deemed  equally  guilty  as  the  proprietor  or  employer  of 
such  agent,  clerk  or  servant,  and  subject  to  the  penalties  pro¬ 
vided  in  this  chapter. 

721.  Nothing  in  this  chapter  shall  prevent  any  farmer, 
fruit  or  vine  grower  or  gardener  from  selling  the  produce  of 
his  farm,  orchard,  vineyard  or  garden  on  the  streets,  or  from 
house  to  house,  without  license;  provided,  that  nothing  herein 
shall  be  construed  to  permit  the  sale  of  spirituous,  vinous,  malt 
or  fermented  liquors.  And  provided  further,  that  nothing  in 
this  chapter  contained  shall  authorize  any  person  other  than 
such  a  farmer,  fruit  and  vine  grower  or  gardener  to  peddle  such 
commodities  within  the  city. 

722.  No  license  granted  under  this  chapter  shall  extend 
longer  than  the  first  Monday  of  May  next  after  the  same  is 
issued;  and  quarterly  licenses  shall  expire  on  the  last  days  of 
July,  October  and  January  and  first  Monday  in  May  of  each 
and  every  license  year.  No  license,  other  than  yearly  licenses, 
shall  be  granted  for  less  than  the  periods  mentioned  in  fixing 
the  fee  therefor;  and  no  license  shall  be  granted  when  a  yearly 
rate  only  is  mentioned,  except  for  one  year  or  the  unexpired 
portion  thereof,  beginning  on  the  first  day  of  the  quarter  in 
which  application  is  made  for  such  license;  but  no  such  lfi  eu  ;e 
shall  be  granted  for  a  less  period  than  one  quarter. 


186 


CITY  ORDINANCES. 


723.  No  license  shall  be  granted  to  any  person  who  is  not, 
at  the  time  application  is  made  therefor,  a  person  of  good  moral 
character  and  no  license  shall  be  issued  until  the  collector’s 
receipt  for  the  license  fee  shall  be  delivered  to  the  clerk,  and  all 
licenses  shall  be  signed  by  the  mayor  and  countersigned  by  the 
clerk. 

724.  Licenses,  except  licenses  to  auctioneers  and  peddlers, 
may  be  granted  to  two  or  more  persons  doing  business  as  a  firm 
or  partnership  in  which  case  each  partner  shall  become  alike 
bound  in  all  the  obligations  and  duties  imposed  by  this  chapter. 
Provided,  that  if  more  than  one  kind  of  business  or  pursuit 
hereinbefore  mentioned  shall  be  carried  on  by  the  same  person 
or  firm  at  the  same  time  a  separate  license  fee  shall  be  paid  for 
each  according  to  the  rate  prescribed. 

725.  All  licenses  shall  be  subject  to  all  ordinances  in  rela¬ 
tion  to  such  licenses  which  may  be  in  force  at  the  time  of  issuing 
the  same,  or  made  subsequently;  and  if  any  person  licensed 
shall  violate  any  provision  of  any  ordinance  in  relation  to  his 
license,  or  sell  any  immoral  or  pernicious  publication  or  article, 
or  conduct  his  business  in  a  disorderly  or  offensive  manner,  or 
in  such  manner  as  to  violate  any  ordinance  of  this  city,  his 
license  may  be  revoked  in  the  discretion  of  the  mayor  or  city 
council;  and  the  party  licensed  may  be  proceeded  against  for 
such  fine  or  penalty  as  may  be  incurred  by  reason  of  such  vio¬ 
lation.  No  license  shall  be  assignable  or  transferable  except  by 
permission  of  the  mayor  first  endorsed  thereon;  nor  shall  any 
person  be  permitted  to  act  under  one  license  at  more  than  one 
place  at  a  time,  or  at  any  other  than  the  place  named,  unless  so 
expressly  mentioned  in  his  license. 

726.  The  mayor  shall  decide  upon  all  applications  for 
license,  except  licenses  to  keep  a  dram  shop  and  wholesale 
liquor  dealers  license,  and  except  where  otherwise  specially 
provided  by  ordinance,  and  grant  or  reject  the  same;  but  it  shall 
be  his  duty  to  grant  all  such  applications  where  the  same  are  in 
accordance  with  law  and  the  ordinances  of  the  city,  and  the 
applicant  is  of  lawful  age,  of  good  moral  character,  and  is  quali¬ 
fied  according  to  law  and  the  ordinances  of  the  city  to  receive 
the  same;  and  the  mayor  shall  have  power  to  revoke  any  license 
so  granted  by  him  for  a  violation  of  law  or  the  ordinances  of  the 
city,  or  for  gross  misconduct  on  the  part  of  the  licensee;  pro¬ 
vided,  that  the  party  whose  license  is  revoked  may  appeal  to  the 
city  council  at  the  next  regular  or  special  meeting,  when  if  a 
majority  of  all  the  members  elect  to  the  city  council  shall  so 
vote  said  license  shall  again  become  valid  and  of  full  force. 

727.  Licenses  granted  under  this  chapter  shall  not  be  con- 


CITY  ORDINANCES. 


187 


struecl  as  permission  to  locate  any  stand  upon  or  otherwise 
obstruct  any  street  or  public  place  in  the  city  or  to  stand  with 
any  cart  or  other  vehicle  or  device  for  carrying  or  holding 
goods  or  other  articles  upon  any  street  or  public  square  unless 
so  expressly  stated  therein.  This  section  shall  not  prohibit  the 
ordinary  use  of  the  streets  by  peddlers  in  going  from  place  to 
place  and  house  to  house;  and  stopping  to  make  individual  sales 
upon  their  route. 

728.  All  persons  selling  from  housedo  house  or  peddling, 
either  with  or  without  a  license  or  permit,  within  the  city,  ice, 
meat,  fish,  milk,  vegetables,  fruit  or  other  articles,  by  weight  or 
measure,  shall  in  such  sales  use  only  weighing  devices  or  meas¬ 
ures  tested  and  sealed  as  correct  by  the  city  sealer  of  weights 
and  measures,  so  that  every  person  buying  by  such  weighing 
device  or  measure  may  by  inspection  readily  ascertain  that  such 
weighing  device  or  measure  is  so  sealed,  and  any  person  so  sell¬ 
ing  who  shall  in  making  or  attempting  to  make  a  sale  use  other 
than  such  sealed  weighing  device  or  measure,  or  after  its  seal¬ 
ing  alter  the  same,  or  use  the  same  after  it  has  been  altered,  or 
use  any  shift,  scheme  or  device  to  give  short  weight  or  measure, 
shall  be  subject  to  a  fine  of  not  less  than  three  dollars  for  each 
offense. 

729.  Any  person  who  shall  cry  at  auction  (excepting  judic¬ 
ial  sales)  any  goods,  wares,  merchandise  or  personal  property 
shall  be  deemed  an  auctioneer.  License  to  auctioneers  shall  be 
of  two  classes  and  designated  as  first  and  second  class.  License 
as  a  first  class  auctioneer  shall  not  include  the  right  to  cry  for 
sales  in  an  auction  store  and  license  as  a  second-class  auctioneer 
shall  include  the  right  to  cry  for  sales  in  auction  stores.  Any 
person  (whether  having  a  license  as  a  first-class  auctioneer  or 
not)  who  shall  act  as  a  second-class  auctioneer  without  license 
as  such  shall  be  subject  to  a  fine  of  not  less  than  ten  dollars  for 
each  offense,  and  each  day’s  continuance  to  act  without  a  license 
shall  be  considered  a  separate  offense. 

730.  Every  person  who  shall  by  wagon,  dray  or  other 
vehicle  carry  goods  within  the  city  for  hire  shall  be  deemed  a 
drayman.  Every  person  who  shall  by  wagon,  carriage,  omni¬ 
bus,  hack  or  other  vehicle,  carry  persons  within  the  city  for  hire 
shall  be  deemed  a  hackman. 

731.  The  terms  itinerant  merchant  and  transient  vendor  of 
merchandise,  as  used  herein,  shall  be  construed  to  mean  any 
person  or  persons  not  permanently  transacting  business  within 
the  city,  or  whose  stock  in  trade  shall  not  have  been  legally 
assessed  for  taxation  in  the  regular  annual  assessment  of  other 
property  in  said  city  for  state,  county  and  city  purposes. 


188 


CITY  ORDINANCES. 


732.  Hawkers  are  hereby  prohibited  within  the  city  and 
any  hawker  plying  his  vocation  within  this  city  shall  be  fined 
not  less  than  three  dollars. 

733.  The  following  license  fees  shall  be  paid  the  city  col¬ 
lector  for  licenses,  when  the  same  are  issued  for  the  periods 
mentioned,  or  a  proportionate  sum,  not  less  than  one  quarter’s 
fee,  when  a  yearly  rate  only  being  mentioned,  the  license  is 
granted  for  the  unexpired  part  of  the  year: 

Auctioneers,  first-class,  per  quarter  year,  $5.00;  per  year, 
$15.00. 

Auctioneers,  second-class,  $10.00  per  day;  per  week,  $30.00; 
per  month,  $100. 

Brokers  in  grain,  provisions  or  stocks  per  month,  $25.00. 

Carettes,  $10.00  per  year  each. 

Draymen,  one  horse,  three  months,  $2.00;  six  months, 
$3.00;  nine  months,  $4.00;  one  year,  $5.00. 

Draymen,  two  horses,  three  months,  $3.00;  six  months, 
$4.00;  nine  months,  $5.00;  one  year,  $6.00  each  vehicle. 

Hackmen,  three  months,  $4.00;  six  months,  $6.00:  nine 
months,  $8.00;  one  year,  $10.00  each  vehicle. 

Hackmen,  special  license  for  agricuitural  fair,  etc  ,  each 
vehicle,  $2.00  per  day. 

Itinerant  merchants  and  transient  vendors  of  merchan¬ 
dise,  per  week,  $20.00;  per  month,  $60.00. 

Junk  dealers,  per  annum,  $15.00. 

Keepers  of  gun  powder,  cartridges  or  loaded  shells,  per 
annum,  $3.00. 

Keepers  of  second-hand  stores,  per  annum,  $2.00. 

Pawn  brokers,  per  annum,  $50.00. 

Peddlers,  per  day,  $2.00;  per  week,  $3.00;  six  months, 
$6.00;  per  year,  $10.00:  provided  that  no  license  shall  be  re¬ 
quired  of  peddlers  of  meat,  milk,  bread,  or  of  a  framer,  fruit 
or  vine  grower  or  gardener  for  selling  the  produce  of  his  own 
farm,  orchard,  vineyard  or  garden. 

Sanitary  plumbers  and  plumbers  working  on  the  city 
wTater  works,  per  annum,  $15.00. 

Circus  and  menagerie  or  either  wdien  one  ring  only,  per 
day,  $25.00;  per  week,  $100.00;  for  more  than  one  ring,  per  day, 
$75.00. 

Sideshows  accompanying  circuses  or  menageries,  per  day, 
$20.00;  other  shows  or  places  of  amusements  under  canvas 


CITY  ORDINANCES. 


189 


ancl  not  in  building,  one  day,  $10.00;  museums,  per  day,  $5.00; 
per  week,  $15.00. 

Theaters  and  opera  houses  for  licensed  theatricals  and 
other  exhibitions,  shows  and  amusements  therein,  per  quarter, 
$10.00;  per  annum,  $25.00. 

Skating  rinks,  per  quarter,  $25.00;  per  annum,  $50.00. 

Merry-go-rounds,  circular  swings  or  other  similar  devices 
not  otherwise  provided  for,  per  day,  $5.00,  and  $2.00  for  each 
day  thereafter. 

Keepers  of  fruit,  candy  and  peanut  stands,  or  stands  for 
the  sale  of  any  other  article  or  thing,  not  prohibited  by  law  or 
ordinance  on  the  sidewalk  or  street,  $2.00  per  day,  or  $25.00 
per  year. 


All  places  of  public  amusement  other  than  those  herein 
mentioned,  per-  dav,  $3.00;  per  quarter,  $15.00;  per  year, 
$25.00. 


Public  concerts,  lectures,  theatricals  and  other  exhibitions, 
amusements,  musical  performances  or  entertainments  in  any 
building  other  than  a  duly  licensed  theater  or  opera  house,  and 
not  given  solely  for  the  benefit  of  some  literary,  scientific,  re¬ 
ligious  or  charitable  organization  of  this  city,  per  day,  $5.00. 

734.  The  keeper  of  any  place  or  stand  kept  within  the  city 
for  the  purpose  of  ball  throwing,  target  shooting  or  the 
employer  of  any  other  device  for  the  purpose  of  amusement  or 
recreation,  and  exhibitions  of  any  kind  not  otherwise  provided 
for  in  this  chapter  to  pay  a  license  of  $3.00  per  day,  $10.00  per 
week,  $20.00  per  quarter  year,  $50.00  per  year;  and  for  a  failure 
to  procure  a  license  shall  be  liable  to  a  tine  of  not  less  than 
$3.00  for  each  day’s  offense. 

735.  Any  person  violating  any  provision  of  this  chapter 
for  violating  which  no  penalty  has  been  specifically  fixed  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars. 


CHAPTER  XLII. 

LICENSE — SALE  OF  CIGARETTES. 

736.  The  mayor  shall  from  time  to  time  grant  licenses 
authorizing  the  sale  of  cigarettes  within  the  city  or  within  one- 
half  mile  of  the  city  limits  in  the  manner  following  and  not 
otherwise: 

Any  person,  firm,  or  corporation,  desiring  license  to  sell 


190 


CITY  ORDINANCES. 


cigarettes,  or  any  tobacco  or  mixture,  or  paper  for  the  use  or 
purpose  of  making  or  manufacturing  cigarettes,  shall  make 
written  application  for  that  purpose  to  the  mayor,  in  which  shall 
be  described  the  location  at  which  such  sales  are  proposed  to  be 
made.  Said  application  shall  be  accompanied  by  evidence  that 
the  applicant,  if  a  single  individual,  all  the  members  of  the  firm 
if  a  co-partnership,  and  person  or  persons  in  charge  of  the 
business  if  a  corporation,  is,  or  are  persons  of  good  character 
and  reputation.  If  the  mayor  shall  be  satisfied  that  the 
persons  before  mentioned  are  of  good  character  and 
reputation  and  are  suitable  persons  to  be  entrusted  with 
the  sale  of  cigarettes,  he  shall  issue  a  license  in  accordance  with 
such  application,  upon  such  applicant  filing  a  bond  payable  to 
the  city  with  at  least  two  sureties,  to  be  approved  by  the  mayor 
in  the  sum  of  $500,  conditioned  that  the  licensed  person,  firm 
or  corporation  shall  faithfully  observe  and  obey  all  laws  of  the 
State  of  Illinois  and  ordinances  of  the  city,  now  in  force  or 
which  may  hereafter  be  passed  with  reference  to  cigarettes; 
provided,  however,  that  nothing  herein  contained  shall  be  held 
to  authorize  the  sale  of  cigarettes  containing  opium,  morphine, 
jimson  weed,  belladonna,  glycerine  or  sugar. 

737.  Every  person,  on  compliance  with  the  aforesaid  re¬ 
quirements  and  the  payment  in  advance  to  the  city  collector, 
at  the  rate  of  $100  per  annum,  shall  receive  a  license  under  the 
corporate  seal,  signed  by  the  mayor,  and  countersigned  by  the 
clerk,  which  shall  authorize  the  person,  firm  or  corporation 
therein  named  to  expose  for  sale,  sell  or  offer  for  sale  cigarettes 
or  cigarette  tobacco  and  paper  at  the  place  designated  in  the 
license,  provided,  that  no  license  shall  be  granted  to  sell 
within  200  feet  of  a  school  house 

738.  No  license  shall  extend  beyond  the  municipal  year, 
but  may  be  issued  for  the  unexpired  portion  of  such  year,  not 
less  than  one  quarter,  upon  the  payment  in  advance  at  the  rate 
fixed  by  ordinance,  and  proof  furnished  to  the  mayor  that  the 
applicant  was  not  liable  for  license,  nor  were  any  cigarettes,  or 
tobacco,  or  mixture  or  paper  thereof,  sold  at  the  place  of  busi¬ 
ness  without  a  license  prior  to  date  fixed  in  his  application. 

739.  Any  license  so  granted  may  be  revoked  upon  written 
notice  by  the  mayor,  whenever  it  shall  appear  to  his  satisfac¬ 
tion  that  the  party  so  licensed  shall  have  violated  any  provision 
of  the  laws  of  the  State  of  Illinois  or  of  any  ordinance  of  the 
city  relating  to  cigarettes,  or  any  condition  of  the  bond  afore¬ 
said. 

740.  And  all  persons  licensed  under  this  ordinance,  or 
any  ordinance,  for  the  sale  of  cigarettes  shall  immediately 


CITY  ORDINANCES. 


191 


cause  to  be  and  remain  posted  upon  some  conspicuous  part  of 
the  room  or  place  where  cigarettes  are  sold,  or  exposed  for 
sale,  his  or  their  license. 

741.  Any  person  so  licensed  wffio  shall  not  cause  such  li¬ 
cense  to  be  and  keep  the  same  posted  as  required  in  the  pre¬ 
ceding  section,  or  who  not  being  licensed  shall  cause  or  permit 
any  paper  or  document  purporting  to  be  a  license  to  be  or 
remain  posted  as  aforesaid,  shall,  on  conviction,  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars. 

742.  It  shall  be  ihe  duty  of  the  health  officer,  and  he  is 
hereby  authorized  and  empowered  from  time  time  to  inspect 
and  examine  all  places  where  cigarettes  are  licensed  to  be  sold 
within  the  city  or  within  one-half  mile  of  the  city  limits,  with  a 
view  of  ascertaining  whether  the  laws  of  the  State  of  Illinois, 
and  the  ordinances  of  the  city  in  relation  to  the  sale  of  cigar¬ 
ettes,  or  tobacco,  or  mixture,  or  papers  therefor,  are  being 
complied  with  at  such  place,  and  it  shall  be  his  duty  to  cause 
all  such  laws  and  ordinances  to  be  rigorously  enforced;  and  it 
shall  be  the  duty  of  all  persons,  tirms  or  corporations  licensed 
to  sell  cigarettes,  or  tobacco,  or  mixture,  or  paper  therefor 
within  the  city,  or  within  one-half  mile  of  the  city  limits,  upon 
demand  of  the  health  officer,  to  furnish  to  said  officer  for  bis 
inspection,  samples  of  all  cigarettes,  or  tobacco,  or  mixture, 
or  paper  therefor,  sold  or  offered  for  sale  by  them,  which  sam¬ 
ples  of  cigarettes,  or  tobacco,  or  mixture,  or  paper  therefor, 
shall  be  analyzed  by  or  under  the  direction  of  said  health  officer 
and  a  record  of  such  analysis  shall  be  made  and  kept  in  his 
office  for  the  inspection  of  the  public. 

743.  Any  person  who  shall  hereafter  sell,  have  or  keep 
for  sale  or  expose  for  sale  or  offer -to  sell  any  cigarettes,  or  any 
tobacco,  or  mixture,  or  paper  for  the  use  or  purpose  of  making 
or  manufacturing  cigarettes,  at  any  place  within  the  city,  or 
within  one-half  mile  of  the  city  limits,  without  having  first  pro¬ 
cured  the  license  as  above  provided,  shall  be  fined  not  less 
than  twenty  dollars  and  not  exceeding  fifty  dollars  for  every 
violation  of  this  ordinance. 

744.  Any  person  who  shall  hereafter,  whether  having  a 
license  to  sell  cigarettes  or  not,  sell,  have  or  keep  for  sale  or 
expose  for  sale  or  offer  to  sell  any  cigarettes,  or  cigarette 
tobacco,  containing  opium,  jimpson  weed,  belladonna,  glycerine 
or  sugar,  shall  be  fined  not  less  than  twenty  dollars  and  not  ex¬ 
ceeding  fifty  dollars  for  each  and  every  offense. 

745.  Any  person  whether  having  a  license  to  sell  cigar¬ 
ettes  or  not,  who  shall  hereafter  sell,  give  away  or  deliver  to 
any  minor,  idiot,  insane  or  distracted  person,  or  who  shall  buy 


192 


CITY  ORDINANCES. 


or  in  any  manner  procure,  or  aid  in  procuring  for  any  minor, 
insane  or  distracted  person  any  cigarettes,  or  any  tobacco,  or 
mixture,  or  paper  for  the  use  or  purpose  of  mak  ng  or  manu¬ 
facturing  cigarettes,  shall  be  fined  not  less  than  twenty  dollars 
and  not  exceeding  fifty  dollars  for  each  offer se. 


CHAPTER  XLIII. 

LICENSED  DRUGGISTS. 

746.  That  the  city  council  at  any  meeting  of  the  board  on 
application  being  made  in  writing  by  the  applicant  may  grant  a 
permit  to  any  established  druggist  or  firm  of  druggists  that 
they  may  in  iheir  discretion  deem  advisable,  for  the  sale  of 
spirituous,  vinous,  fermented  or  intoxicating  liquors  for 
medicinal,  mechanical,  sacramental  or  chemical  purposes  only, 
upon  the  applicant  or  applicants  executing  to  the  city  a  bond  in 
the  penal  sum  of  $1,000.00  with  at  least  two  sureties,  to  be  ap¬ 
proved  by  the  mayor  of  the  city,  conditioned  that  he  or  they  or 
his  or  their  agents,  clerks,  or  servants  will  not  in  any  manner 
violate  any  of  the  provisions  of  this  ordinance,  and  that  he  or 
they  will  well  and  faithfully  observe  and  keep  all  or  dinar  ces  of 
said  city  relating  to  the  selling  or  giving  away  of  any"  of  said 
liquors  for  the  term  for  which  the  permit  shall  be  granted. 
Such  permit  shall  be  for  the  term  not  exceeding  one  year,  and 
shall  end  on  the  first  Monday  of  May  following  the  granting 
thereof,  and  may  be  revoked  by  the  city  council  whenever  it 
shall  satisfactorily  appear  to  them  that  the  person  or  persons 
to  whom  such  permit  was  granted,  his  or  their  agent  or  agents, 
clerks  or  servants  has  violated  any  of  the  ordinances  of  said 
city  relating  to  said  liquors  or  any  of  the  conditions  of  his  or 
their  said  bond. 

747.  No  druggist  or  firm  to  whom  a  permit  shall  be 
granted,  nor  his  or  their  clerk,  agent  or  servant  shall  sell  any 
of  said  liquors  except  in  the  manner  hereinafter  provided. 
None  of  such  liquors  shall  be  sold  or  delivered  except  at  the 
place  of  business  of  such  druggist  or  firm,  which  shall  be 
named  and  described  by  street  and  number  in  such  permit, 
nor  shall  any  of  such  liquors  be  sold  to  be  drank  upon  the 
premises  where  sold,  and  when  such  sales  are  made  for  medi¬ 
cinal  purposes,  they  shall  only  be  made  upon  the  bona  fide 
written  prescription  of  a  reputable,  practicing  physician,  and  if 
made  for  chemical,  mechanical  or  sacramental  purposes,  shall 
only  be  made  upon  the  bona  fide  written  application  of  the  per- 


CITY  ORDINANCES. 


193 


son  applying  therefor  and  such  person  making  such  applica¬ 
tion  shall  state  therein  the  purpose  for  which  the  liquor  is 
desired,  provided  that  no  such  druggist  or  firm  his  or  their 
agent,  clerk  or  servant  shall  sell  any  of  said  liquors  for  any  of 
said  purposes  unless  such  person  making  such  sales  shall  do  so 
in  good  faith  for  the  purpose  named  in  the  prescription  or  ap¬ 
plication,  and  no  such  liquors  shall  be  sold  at  any  one  time  in 
quantities  exceeding  one  gallon. 

748.  Any  person  or  firm  obtaining  such  permit  shall  enter 
or  cause  to  be  entered  into  a  well  bound  book,  kept  for  that 
purpose  only,  a  record  of  the  date  of  the  sale  or  gift  of  any 
vinous,  spirituous,  intoxicating  or  fermented  liquors,  the 
amount  sold  or  given  away  and  the  person  upon  whose  pre¬ 
scription  or  application  the  same  was  sold  and  delivered,  which 
said  book  shall  be  at  all  reasonable  hours  open  to  the  inspec¬ 
tion  of  any  member  of  the  police  force  or  officer  of  the  city 
whom  ttm  mayor  or  city  marshal  shall  designate  for  such  pur¬ 
pose. 

749.  Any  person  or  firm  obtaining  the  permit  required  by 
this  ordinance  who  shall  neglect  or  refuse  to  keep  the  book 
herein  required,  or  who  shall  refuse  to  allow  an  inspection 
thereof,  shall  be  fined  not  less  than  fifty  dollars  nor  more  than 
two  hundred  dollars  for  each  and  every  offense,  and  any  such 
permit  shall  be  revoked  by  the  mayor  for  the  second  offense. 
And  any  physician  who  shall  within  the  city  give  a  prescription 
for  any  of  such  liquors,  or  any  person  who  shall  make  any  ap¬ 
plication  therefor,  when  such  prescription  or  application  is  not 
made  in  good  faith  for  the  purposes  in  such  prescription  or 
application  named  shall  be  Kable  to  a  fine  of  not  less  than 
ten  dollars  for  each  offense. 

750.  For  the  permit  herein  provided  for,  the  person  or 
firm  applying  for  the  same  shall  pay  the  city  collector  the  sum 
of  fifty  dollars. 

it 


CHAPTER.  XLIV. 

LICENSED  GAMES. 

751.  No  person  or  persons  shall  set  up,  keep  or  cause  to 
be  kept  by  his  or  their  agent  or  servant  any  shooting  gallery, 
nine-pin,  ten-pin,  or  other  bowling  alley,  billiard,  bagatelle, 
pool  or  other  kind  of  table  or  place  whatever,  on  or  at  which 
games  of  skill  or  chance  are  played,  and  for  the  use  of  which, 


194 


4 


CITY  ORDINANCES. 


or  privilege  of  playing  thereon  or  thereat,  any  money  or  its 
equivalent  shall  be  required,  paid,  or  received,  without  first 
obtaining  a  license  therefor  in  accordance  with  the  provisions 
of  this  chapter,  under  a  penalty  of  not  less  than  $20.00  for  each 
offense. 

752.  All  applications  for  any  license  provided  for  by  this 
chapter  shall  be  made  to  the  council.  Such  apjDlication  shall 
give  the  name  of  the  applicant,  the  kind  of  license  desired, 
and  shall  specify  particularly  the  place  where  the  thing,  for 
which  license  is  asked,  is  to  be  kept  and  used.  The  city  coun¬ 
cil  may  grant  or  reject  the  application  in  its  discretion. 

753.  If  the  council  grant  the  application  so  made  to  it  the 
applicant  for  such  license  shall  thereupon  pay  to  the  city  col¬ 
lector  the  sum  required  for  such  license,  who  shall  give  a 
duplicate  receipt  therefor,  one  of  which  receipts  shall  be  pre¬ 
sented  to  the  mayor,  who  shall  thereupon  direct  a  license  tq 
issue  to  the  party.  Such  license  shall  give  the  name  of  the 
party  to  whom,  and  the  purpose  for  which  it  is  granted,  the 
time  of  its  continuance,  and  a  particular  description  of  the 
place  where  the  thing  licensed  is  to  be  kept  or  used  In  all 
these  particulars  the  license  shall  correspond  with  the  applica¬ 
tion  for  such  license.  Such  license  shall  not,  be  assigned,  nor 
shall  the  place  where  it  is  to  be  operated  be  changed,  without 
the  assent  of  the  council. 

754.  The  license  fee  for  each  billiard  room  shall  be,  for 
six  months,  $60.00;  for  one  year,  $100.00.  And  for  the  pur¬ 
poses  of  this  article  every  pool  or  bagatelle  table  shall  be 
deemed  a  billiard  table.  For  each  shooting  gallery,  or  bowling 
alley,  the  license  fee  shall  be  fifty-two  dollars  per  year,  and  at 
the  same  rate  for  any  shorter  period,  not  less  than  one  month, 
provided  that  licenses  for  one  week  shall  not  be  granted  for 
less  than  two  dollars,  nor  for  one  day  for  less  than  one  dollar,  and 
the  owners  or  keepers  of  any  place  w7here  any  games  of  chance 
or  skill  are  played  for  gain  or  hire,  and  which  is  not  enumer¬ 
ated  herein,  shall  pay  an  annual  license  of  twenty-five  dollars, 
or  for  a  shorter  period  at  the  rate  of  two  dollars  per  day;  but 
this  provision  shall  not  be  construed  as  authorizing  the  play¬ 
ing  of  any  game  of  chance  or  skill  for-any  purpose  which  is  for¬ 
bidden  by  the  laws  of  the  State  of  Illinois  or  by  the  ordinances 
of  the  city. 

755.  It  shall  be  unlawful  for  any  keeper  of  any  billiard 
room  or  place  where  an 7  pool,  bagatelle,  or  billiard  table  is 
kept  for  the  purposes  described  in  Section  751,  his  agent  or  ser¬ 
vant  to  permit  any  person  or  persons  under  the  age  of  eighteen 
years  to  play  upon  or  at  any  such  tables,  or  to  frequent,  lounge 


CITY  ORDINANCES. 


195 


in  or  about,  or  be  in  any  such  billiard  rooms,  and  any  such 
keeper  or  owner,  his  agent  or  servant  guilty  of  a  violation  of 
this  section  shall,  for  each  offense,  be  liable  to  a  fine  of  not  less 
than  ten  nor  more  than  one  hundred  dollars. 

756.  Any  such  keeper  or  owner  of  any  such  billiard  ro  >m 
or  place  who  shall  suffer  or  permit  any  drunken  or  in  toxical  ed 
person  or  persons  to  frequent  or  be  in  such  billiard,  room,  or 
permit  any  such  person  or  persons  to  play  at  or  upon  any  tables 
within  such  room,  or  shall  suffer  or  permit  any  loud  or  unseemly 
noises  or  distur  bance  of  the  peace,  or  any  riots,  routs,  fights, 
quarrels,  or  affrays  within  such  place,  shall  be  guilty  of  a  vio¬ 
lation  of  this  chapter,  and  shall  for  each  offense  be  liable  to  a 
penalty  of  not  less  than  five  nor  more  than  fifty  dollars;  and  it 
shall  be  the  duty  of  such  keeper  or  owner,  his  agent  or  servant 
in  charge  of  such  room  immediately  upon  any  disturbance  in 
such  room  to  notify  the  city  marshal  or  some  police  officer  and 
take  prompt  measures  to  secure  the  arrest  and  conviction  of 
any  such  person  or  persons  committing  any  such  disturbance  or 
engaging  in  any  riot,  routs,  quarrel  or  fight,  or  any  person  or 
persons  who  may  enter  such  place  in  a  drunken  or  intoxicated 
condition,  and  any  such  keeper  or  owner  of  such  billiard  room, 
his  agent  or  servant,  who  shall  refuse  or  fail  to  comply  with 
any  of  the  foregoing  provisions  shall  be  liable  to  a  penalty  of 
not  less  than  five  nor  more  than  ten  dollars  for  each  offense. 

757.  The  mayor  or  city  council  may  revoke  any  license 
granted  under  the  provisions  of  this  chaper  on  proof  that  any 
of  the  provisions  herein  contained  have  been  flagrantly  violated 
by  the  owner  or  keeper  of  any  such  billiard  room,  his  agent  or 
servant. 


CHAPTER  XLV. 

LICENSED  SALOONS. 

758.  At  each  annuaL  municipal  election  there  shall  be  sub¬ 
mitted  to  the  legal  voters  of  the  city  the  proposition  whether 
or  not  licenses  for  the  sale  of  intoxicating,  vinous,  malt,  mixed 
and  fermented  liquors  shall  be  granted  by  the  city  council  for 
the  coming  municipal  year  and  if  a  majority  of  the  legal  votes 
cast  at  any  such  election  be  in  favor  of  the  granting  of  such 
licenses  then  the  city  council  shall  grant  the  same  in  the  man¬ 
ner  and  subject  to  the  provisions  and  conditions  hereinafter 
provide^,  and  contained,  but  unless  a  majority  of  such  legal 
votes  cast  at  such  election  be  in  favor  of  the  granting  of  such 


196 


CITY  ORDINANCES. 


licenses  then  no  such  license  shall  be  issued  or  granted  for  such 
year. 

759.  If  the  vote  provided  for  in  the  preceding  section  shall 
be  in  favor  of  granting  such  licenses  the  city  council  may  grant 
licenses  to  such  persons  as  it  may  deem  proper,  but  before  any 
such  license  shall  issue,  the  person  or  persons  desiring  the 
same  shall  make  applicatio  i  in  writing  to  the  city  council, 
which  application  shall  state  the  name,  age,  occupation  and 
place  of  residence  of  each  applicant,  and  shall  give  the  street 
and  number,  and  also  a  general  description  of  the  premises  in 
which  he  or  they  propose  to  sell  liquors.  And  such  application 
shall  be  accompanied  by  a  certificate  in  writing,  signed  by  not 
less  than  five  legal  voters  and  free  holders  of  the  city,  certify¬ 
ing  to  the  general  good  character  of  each  applicant,  and  that 
such  applicant  has  never  been  convicted  of,  nor  plead  guilty  to, 
the  selling  of  liquors  in  violation  of  any  law  or  ordinance,  nor 
guilty  of  any  other  crime.  Such  application  shall  also  be 
accompanied  by  the  names  of  the  proposed  sureties  of  the 
applicant,  and  also  by  an  affidavit  of  each  applicant,  that  the 
application  is  made  solely  and  only  on  account  of  the  person  or 
persons  named  in  the  application,  and  that  no  other  person  or 
persons  are  interested  therein  as  licensee;  that  he  is  a  citizen 
and  legal  voter  of  the  city;  that  he  has  never  sold  nor  given 
away  any  vinous,  malt,  fermented,  mixed  or  intoxicating  liquor, 
within  the  city  in  violation  of  any  law  of  the  state  of  Illinois  or 
ordinance  of  the  city,  and  so  far  as  he  knows  or  is  informed,  or 
believes,  none  of  such  liquors  have  been  so  sold  or  given  away 
in  or  upon  the  premises  named  and  described  in  the  application, 
with  the  knowledge  or  consent  of  the  owner  thereof  or  of  his 
agent,  subsequent  to  the  1st  day  of  January,  1901.  Such 
application,  certificate  and  affidavit  shall  be  filed  with  the  city 
clerk  at  least  five  days  prior  to  the  meeting  of  the  city  council 
at  which  application  for  license  will  be  made.  And  the  appli¬ 
cant  or  applicants  shall  cause  a  notice  of  such  app'ication  to  be 
published  in  a  daily  newspaper  published  in  the  city,  which 
notice  shall  give  the  name  or  names  of  the  applicant  or  appli¬ 
cants  and  of  the  persons  certifying  to  his  or  their  good  charac¬ 
ter,  and  of  his  or  their  proposed  sureties,  the  description  of  the 
premises  as  given  in  the  application,  and  the  time  when  the 
application  will  be  made,  and  such  notice  shall  be  published 
twice,  the  first  insertion  to  be  at  least  five  days  prior  to  the 
time  of  the  application.  The  affidavit  herein  provided  for,  shall 
not  be  conclusive  of  the  matters  therein  stated,  but  any  citizen 
or  citizens  of  the  city  shall  have  the  right  to  appear  before  the 
council,  in  person  or  by  attorney,  and  object  to  the  grafting  of 
such  license,  and  on  such  appearance  shall  have  the  right  to 


CITY  ORDINANCES. 


197 


controvert  the  said  affidavit,  by  any  documentary,  record,  oral 
or  other  legal  evidence.  And  no  license  shall  hereafter  be 
granted  to  anyone  not  a  legal  voter  within  the  city,  nor  to  any¬ 
one  to  sell  any  of  such  liquors  in  or  upon  any  place  or  premises 
within  the  city,  wherein  or  whereon  any  of  such  liquors  have, 
with  the  knowledge  or  consent  of  the  owner  thereof  or  of  his 
agent,  been  or  shall  be  sold  or  given  away  in  violation  of  any 
law  or  ordinance  subsequent  to  the  first  day  of  January,  1901, 
nor  to  any  person  who  has  been  or  shall  be  guilty  of  selling  or 
of  giving  away  any  of  such  liquors  in  violation  of  any  law  or 
ordinance.  Provided,  however,  that  no  property  shall  be  dis¬ 
qualified  for  use  as  a  licensed  saloon  where  sales  in  violation  of 
law  or  the  ordinances  of  the  city  have  been  made  only  by  the 
lessee  or  lessees  or  occupants  of  such  premises,  unless  made 
with  the  knowledge  or  consent  of  the  owner,  or  of  his  agent. 

760.  Before  any  license  shall  issue  under  the  provisions  of 
this  chapter  the  applicant  in  addition  to  the  bond  required  by 
the  laws  of  the  state  shall  execute  a  bond  to  the  city  in  the 
penal  sum  of  one  thousand  dollars,  with  at  least  two  sureties, 
freeholders  of  Warren  county,  Illinois,  to  be  approved  by  the 
city  council,  and  conditioned  that  the  party  licensed  shall  faith¬ 
fully  observe  and  keep  all  ordinances  of  the  city  now  in  force 
or  hereafter  to  be  passed  during  the  period  of  such  license,  and 
shall  faithfully  observe  and  comply  with  the  provisions  and 
restrictions  of  the  laws  of  the  state  of  Illinois  regulating  dram 
shops  or  the  sale  of  liquors. 

761.  The  license  fee  shall  be  one  thousand  dollars  per 
annum,  and  no  license  shall  be  granted  for  any  less  sum  and 
every  license  granted  unless  sooner  revoked  shall  expire  on  the 
first  Monday  of  May  following  the  date  of  the  license,  and  it 
shall  be  dated  as  of  the  day  it  was  granted,  and  shall  be  signed 
by  the  mayor  and  countersigned  by  the  city  clerk  with  the  cor¬ 
porate  seal  thereof  attached,  and  no  portion  of  any  money  paid 
to  the  city  for  a  license  shall  be  refunded. 

762.  The  mayor  or  the  city  council  shall  have  power  to 
suspend  for  a  stated  period  of  time  or  to  revoke  any  license 
granted  under  the  provisions  of  this  chapter  for  a  non-compli¬ 
ance  with  or  a  violation  of  any  law  or  city  ordinance  relating 
to  the  business  for  which  the  license  granted  either  by  the  per¬ 
son  holding  such  license  or  any  of  his  employes,  or  for  in  any 
manner  either  by  himself  or  his  employes  hindering  or  resist¬ 
ing  the  officers  of  the  city  in  the  performance  of  duty  or  either 
by  himself  or  his  employes  refusing  entrance  to  the  rooms 
occupied  in  h  s  business  or  neglecting  to  open  the  entrance  to 
such  rooms  when  called  upon  by  any  officer  of  the  city.  If 
such  suspension  or  revocation  is  made  by  the  mayor  he  shall 


198 


CITY  ORDINANCES. 


report  the  same  to  the  city  council  at  its  next  meeting  with  his 
reasons  therefor,  and  the  council  shall  thereupon  confirm  or 
reject  such  suspension  or  revocation. 

763.  No  license  under  the  provisions  of  this  chapter  shall 
be  issued  to  any  person  or  persons  to  keep  a  dram  shop  in  any 
place  under  ground  or  in  any  cellar  or  basement  or  in  any  room 
above  the  first  or  ground  floor . 

764.  No  person  shall  be  permitted  to  occupy  more  than 
one  room  in  carrying  on  his  business  under  a  dram  shop  license, 
and  no  room  thus  used  shall  be  connected  with  any  other  room, 
except  a  room  on  the  same  floor  owned  or  controlled  by  him,  in 
which  room  no  intoxicating  liquor  shall  be  sold,  delivered  or 
drank,  and  no  obstruction  shall  be  allowed  to  prevent  a  full 
view  of  either  room  from  the  public  street,  neither  sign,  screen, 
frosted  window,  window  blind,  shutter,  partition  or  any  object 
whatever,  nor  shall  the  distinct  view  of  such  room  be  obscured 
by  any  colored  light,  but  all  the  room  where  liquor  is  sold  or 
drank,  and  all  of  any  room  connected  therewith,  shall  be  plainly 
visible  by  day  and  night  from  the  public  street  or  alley,  and 
shall  at  all  times  during  business  hours  or  when  occupied  by 
anyone  be  accessible  to  the  police.  The  room  or  rooms  afore¬ 
said  shall  not  be  connected  with  any  other  room,  or  with  any 
hall,  passage  way  or  closet  by  means  of  any  opening,  window, 
door,  stairway,  dumb  waiter,  dummy,  shelf,  slide,  movable 
partition,  trap  door,  ladder,  bell,  cord,  tube  or  wire  in  any  man¬ 
ner  whatever.  And  such  room  or  rooms  shall  be  kept  lighted 
by  artificial  light  during  the  entire  night. 

765.  No  keeper,  proprietor  or  person  in  charge  of  any 
dram  shop  shall  allow  such  dram  shop  to  be  kept  open,  or  suffer 
or  permit  any  person  except  police  officers  to  have  access  to,  or 
allow  any  person  to  drink  at  or  in  such  dram  shop  on  Sunday 
or  Sunday  night,  or  at  any  time  between  ten  o’clock  p.  m  and 
six  o’clock  a.  m.,  or  at  any  time  on  the  day  of  any  election  held 
in  the  city. 

766.  No  keeper,  proprietor  or  person  in  charge  of  any 
dram  shop  shall  permit  any  game  of  any  kind  to  be  played,  or 
allow  any  musical  performance,  vocal  or  instrumental,  in  his 
dram  shop  or  in  any  room  connected  Therewith. 

767  No  proprietor,  keeper  or  person  in  charge  of  any 
dram  shop  shall  allow  any  minor  to  drink  in  or  to  remain  in  or 
loiter  about  such  dram  shop,  or  give,  sell,  or  deliver  any  liquors 
to  a  minor  or  to  any  person  for  the  use  of  a  minor. 

768.  No  keeper,  proprietor  or  person  in  charge  of  any 
dram  shop  shall  suffer  any  loud  noises,  boisterous  talking,  pro- 


774a.  Licences  granted  under  this  chapter  shall  provide 
for  and  only  authorize  the  sale  of  spirituous,  vinous  malt  and 
fermented  liquors  in  less  quantities  than  one  gallon. 


CITY  ORDINANCES. 


199 


fane  or  vulgar  language,  quarreling,  fighting  or  other  disturb¬ 
ance  in  such  dram  shop  or  any  room  adjoining  in  his  control. 

769.  No  keeper,  proprietor  or  person  in  charge  of  any 
dram  shop  shall  allow  to  be  sold  or  delivered  in  such  dram  shop 
any  intoxicating  drink  to  any  intoxicated  person,  or  person  who 
is  in  the  habit  of  getting  intoxicated. 

770.  The  giving  away  of  intoxicating  liquors,  or  any  shift 
or  device  to  evade  the  provisions  of  this  chapter,  shall  be  held 
to  be  an  unlawful  selling. 

771.  In  all  prosecutions  under  this  chapter  it  shall  not  be 
necessary  to  state  the  kind  of  liquor  sold,  nor  to  describe  the 
place  where  sold,  nor  to  show  the  knowledge  of  a  principal  to 
convict  for  the  acts  of  an  agent,  clerk  or  servant. 

772.  Whenever  the  wife,  or  any  other  relative  of  any  per¬ 
son  habitually  addicted  to  the  use  of  intoxicating  drink,  by 
notice  in  writing,  personally  served,  shall  make  a  request  to 
any  liquor  dealer  not  to  sell,  or  in  any  manner  give  away  liquor 
to  such  person,  it  shall  thereafter  be  unlawful  for  such  liquor 
dealer  to  sell  or  give  away  any  liquor  to  such  person. 

773.  The  mayor  of  the  city  may  in  times  of  public  excite¬ 
ment  whenever  in  his  judgment  the  occasion  demands  it,  order 
all  places  where  intoxicating  liquors  are  sold,  to  close  and 
refrain  from  selling  or  giving  away  or  delivering  any  such 
liquor  to  any  person  whatever,  and  at  such  times  it  shall  be 
unlawful  for  any  person  or  persons  to  keep  open  any  such  place 
during  the  continuance  of  such  order. 

774.  Any  person  violating  any  section  of  this  chapter 
shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  dollars 
for  each  offense. 


CHAPTER  XLVI. 

LICENSING  WHOLESALE  LIQUOR  DEALERS. 

775.  If  a  majority  of  the  legal  votes  cast  at  any  annual 
municipal  election  be  in  favor  of  the  granting  of  licenses  for 
the  sale  of  intoxicating,  vinous,  fermented,  mixtd  and  ma  t 
liquors,  then  the  city  council  may  grant  licenses  to  such  per¬ 
sons  as  it  may  dec-m  proper  for  the  coming  municipal  year  for 
the  sale  of  spirituous,  vinous  and  fermented  liquors  in  quanti¬ 
ties  of  one  gal  on  and  over,  or  malt  liquors  in  quantities  of 
five  gallons  or  over  within  the  corporate  limits  of  the  city. 

776.  The  license  fee  from  such  wholesale  dealers  shall  be 


200 


CITY  ORDINANCES. 


as  follows:  The  sale  of  malt  liquors  alone,  $150.00  per  annum; 
the  sale  of  spirituous,  vinous  and  fermented  liquors,  $350.00 
per  annum. 

777.  Before  any  license  shall  issue  under  the  provisions 
of  the  two  preceding  sections,  the  applicant  shall  first  execute  a 
bond  to  the  city  of  Monmouth  in  the  penal  sum  of  three  thou¬ 
sand  dollars  with  at  least  two  sureties,  free  holders  of  Warren 
County,  Illinois,  to  be  approved  by  the  city  council,  and  con¬ 
ditioned  that  the  party  licensed  shall  faithfully  observe  and 
keep  all  ord  nances  of  the  city  of  Monmouth  now  in  force  or 
hereafter  to  be  passed  during  the  period  of  such  license,  and 
shall  pay  the  license  fee  to  the  city  collector. 

778.  No  person  or  firm  to  whom  such  wholesale  license  shall 
be  granted  or  his  or  their  clerk,  agent  or  servant  shall  sell  any  of 
said  liquors  in  less  quantities  than  provided  in  such  license  nor  in 
any  quantity  to  be  delivered  except  at  the  place  of  business  of 
such  person  or  firm  nor  in  any  quantity  to  be  drank  upon  the 
premises  or  in  or  upon  any  adjacent  room,  building,  yard, 
premises  or  place  of  public  resort,  nor  shall  any  of  such  liquors 
be  sold  or  delivered  to  a  minor  or  to  any  person  in  the  habit  of 
becoming  intoxicated,  nor  shall  any  of  such  liquors  be  sold  or 
delivered  on  Sunday  for  any  purpose,  or  on  election  days,  ex¬ 
cept  for  shipment  from  the  city. 


CHAPTER  XL VI I. 

LIQUORS,  UNLICENSED  SALE  OF 

779.  Whoever  shall  by  himself  or  another  either  as  prin¬ 
cipal,  agent,  servant,  clerk  or  otherwise  directly  or  ir  directly, 
sell  or  give  av  ay,  in  arty  quantity  to  any  person  any  intoxicat¬ 
ing,  malt,  vinous,  mixed  or  fermented  liquors,  shall  for  each 
and  every  offense  be  fined  in  the  sum  of  twenty-five  ($25)  dol¬ 
lars.  Provided,  that  this  section  shall  not  app  y  to  sales  made 
by  persons  having  a  license  to  keep  a  dram  shop  or  a  wholesale 
liquor  dealer’s  license  or  a  druggist’s  permit,  unless  such  sales 
be  made  in  a  place  or  in  quantities  or  to  a  person  or  persons  or 
at  times  or  under  conditions  not  authorized  by  the  license  or 
permit  held  by  such  person  or  persons. 

780.  Whoever,  whether  having  a  license  to  keep  a  dram 
shop,  or  wholesale  dealer's  icense  or  druggist’s  permit  or  not, 
shall  by  himself  or  another  either  as  principal,  agent,  servant, 
clerk  or  otherwise,  sell,  give  or  delive  r  to  any  person  of  the 


CITY  ORD1  NANCES. 


201 


classes  in  this  section  mentioned,  or  buy  or  in  any  manner  pro¬ 
cure  or  aid  in  procuring  any  intoxicating,  malt,  vinous,  spiritu¬ 
ous,  mixed  or  fermented  liquors  for  any  minor,  apprentice, 
servant),  insane,'  idiot  or  distracted  person,  habitual  drunkard 
or  person  intoxicated  or  person  in  the  habit  of  getting  intoxi¬ 
cated,  shall  for  each  and  every  offense  be  lined  in  the  sum  not 
less  than  fifty  ($50)  dollars  nor  more  than  one  hundred  ($100) 
dollars. 

781.  Whoever  keeps  open  upon  the  first  day  of  the  week, 
commonly  called  Sunday,  any  place  where  intoxicating,  malt, 
vinous,  mixed  or  fermented  liquors  are  sold  or  given  away 
shall  for  each  offense  be  fined  the  sum  of  one  hundred  ($100) 

dollars. 

782.  In  any  proceeding  under  this  ordinance  it  shall  not 
be  necessary  to  state  the  kind  of  liquors  bought,  sold,  given 
away  or  delivered,  nor  the  name  of  the  person  or  persons  for 
whom  bought  or  to  whom  sold,  delivered  or  given,  nor  to  show 
the  knowledge  of  the  principal  to  convict  for  the  acts  of  the 
agent,  servant  or  clerk,  nor  to  state  the  place  where  sold, given 
away  or  delivered. 


CHAPTER  XL VIII. 

MISDEMEANORS. 

783.  It  shall  be  unlawful  for  any  person  in  this  city  on 
Sunday  to  engage  in  any  ordinary  labor,  trade  or  business, 
except  works  of  necessity  or  mercy,  or  to  keep  open  any  house 
of  trade,  shop,  saloon  or  store,  or  any  place  of  business  or 

amusement. 

784.  Any  person  who  shall  within  the  city  kill  or  wound 
or  attempt  to  kill  or  wound  any  wild  bird  (hawks,  owls  and 
English  sparrows  excepted)  or  any  squirrel  (such  animal  not 
being  the  property  of  the  person  so  offending)  shall  be  fined 

not  less  than  one  dollar. 

785.  Any  person  who  shall  engage  in  any  game,  sport  or 
amusement,  exhibition  or  show,  or  indulge  in,  or  perform  any 
feat  or  act  in  the  street,  or  upon  any  sidewalk,  which  shall  have 
a  tendency  to  frighten  horses,  or  which  shall  collect  a  crowd 
of  persons,  so  as  to  interfere  with  the  passage  of  teams, 
vehicles  or  passengers  along  such  streets  or  sidewalks,  or  who 
shall  place  or  cause  to  be  placed  in  or  near  any  street,  any 


202 


CITY  ORDINANCES. 


board,  sign,  structure,  or  thing  likely  to  frighten  horses,  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars. 

786.  Whoever  shall  wilfully  or  carelessly  break,  injure, 
deface  or  destroy,  or  in  any  manner  without  authority,  disturb 
or  interfere  with  any  telegraph,  telephone,  trolley  or  other 
e  eetric  wire,  or  any  pole  or  post  designed  for  the  support  of 
such  wire,  or  without  authority,  in  any  manner  injure,  disturb, 
or  interfere  with  any  mailing  box  or  rost,  or  any  curb  or  curb¬ 
stone  or  any  street  lamp  or  lamp-post,  or  any  gas  pipe,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars. 

787.  Whoever  shall,  without  proper  authority,  destroy, 
tear,  mutilate,  cover  over,  or  otherwise  deface  or  injure,  any 
bill  or  poster,  descriptive  or  giving  notice  of  any  meeting,  per¬ 
formance  or  entertainment  thereafter  to  be  had  or  given  or  who¬ 
ever  shall  break,  deface,  destroy,  remove,  trespass  upon  or 
otherwise  injure  any  public  or  private  property  shall,  on  con¬ 
viction,  be  subject  to  a  penalty  of  not  less  than  two  dollars. 
Provided,  that  this  section  shall  not  apply  to  bills  or  posters 
prohibited  by  law  or  ordinance  or  to  such  as  may  be  posted  in 
places  not  permitted  by  law  or  ordinance. 

788.  Whoever  shall,  in  any  public  square,  park,  street  or 
public  ground,  or  ground  belonging  to  the  city,  without  proper 
authority,  or  in  any  private  grounds  without  permission  of  the 
owner  or  person  in  charge  thereof,  cut,  injure  or  destroy  any 
tree,  vine,  shrub,  plant,  grass  or  walk,  or  cut  or  remove  any 
sod  or  earth,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

789.  Whoever  shall  without  the  consent  of  the  owner  or 
person  in  charge  thereof  post,  put  up,  stick  or  place  any  adver¬ 
tisement,  hand  bill,  placard,  show  bill,  circular  or  other  notice 
or  matter  upon  any  building,  tree,  box,  gate,  fence,  sidewalk, 
lamp  post,  pole,  awning,  telegraph,  telephone,  electric  light  or 
trolley  pole  or  vehicle  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars. 

790.  Whoever  shall  in  any  street,  alley  or  public  grounds, 
except  with  permission  or  instruction  of  the  superintendent  of 
streets,  throw,  place,  deposit  or  leave  any  brick,  stone,  glass, 
iron,  ashes,  or  any  rubbish  of  any  kind,  or  who  shall  in  any 
such  place  put,  or  leave  any  straw,  paper,  pasteboard,  shavings 
or  refuse,  or  any  decayed  fruit  or  vegetables  or  parings  thereof 
or  any  house  or  kitchen  slops  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars. 

791.  No  person  shall  stop  or  obstruct  the  passage  of  the 
water  of  any  street,  gutter,  or  public  sewer,  culvert,  water 


CITY  ORDINANCES. 


203 


pipe,  hydrant,  or  water  course  within  the  city,  under  the  pen¬ 
alty  of  not  less  than  five  dollars  for  each  offense. 

792.  No  person  shall  thiow,  cast,  lay,  or  place  on  any 
sidewalk  in  the  city,  the  rind  or  peel  of  any  orange,  banana, 
apple,  or  other  fruit,  under  a  penalty  of  not  less  than  one  nor 
more  than  five  dollars  for  each  offense. 

793.  Whoever  shall  obstruct  or  encumber  any  street  cor 
ner,  sidewalk,  postofiice,  hallway,  or  other  public  building  or 
place  in  the  city,  by  lounging  in  or  about  the  same,  and  after 
being  requested  to  move  on  by  any  police  officer,  shall  refuse 
to  do  so,  shall  be  subject  to  a  penalty  of  not  less  than  two 
dollars. 

794.  Any  person  unnecessarily  loitering  or  standing  about 
the  door  or  entrance  of  any  hall,  church,  or  other  public  build¬ 
ing,  to  the  inconvenience  of  persons  passing  in  and  out,  who 
shall  refuse  to  move  on  when  commanded  by  any  person  in 
charge  of  such  hall  or  public  building,  or  officer  or  usher  of 
such  place  of  worship  or  assembly,  or  by  any  police  officer, 
shall  be  subject  to  a  penalty  of  not  less  than  two  dollars. 

795.  Any  person  able  to  work  and  maintain  himself  or 
herself  in  some  lawful  calling,  not  having  vi&ible  means  of 
support,  who  shall  live  idly  without  employment  and  without 
any  fixed  place  of  abode,  or  shall  stroll  about  the  streets  beg¬ 
ging  from  house  to  house,  or  frequenting  drinking  saloons, 
gaming  houses  or  bawdy  houses,  or  shall  otherwise  lead  an  idle 
or  profligate  life;  or  any  person  upon  whom  shall  be  found  any 
instrument  or  device  for  pigeon  dropping,  or  for  picking  locks 
or  pockets,  or  for  the  commission  of  burglary,  or  other  devices 
used  by  cheats  and  swindlers,  without  being  able  to  give  a  good 
account  of  his  or  her  possession  of  the  same;  or  any  person 
who  shall  trespass  upon  private  premises  in  the  night  time  or 
while  intoxicated,  or  habitually  sleep  in  out  houses,  stables, 
lumberyards,  railroad  depots  or  cars;  or  any  prostitute,  bawd 
or  lewd  woman,  or  female  inmate  of  a  bawdy  house  or  house  of 
ill- fame,  who  shall  be  wandering  about  the  streets  plying  her 
vocation,  or  visiting  or  staying  about  dram  shops  or  drinking 
saloons;  and  all  habitual  night  walkers,  or  persons  loitering  or 
strolling  about  the  streets  of  the  city  at  late  or  unusual  hours 
of  night,  without  being  able  to  give  a  good  and  satisfactory 
account  for  so  doing,  shall  be  deemed  vagrants  within  the 
meming  of  this  section,  and  shall,  upon  conviction,  be  fined 
not  less  than  one  dollar  nor  more  than  twenty-five  dollars  in 
each  case. 

796.  Whoever  shall,  in  any  public  place,  or  place  open  to 
the  public  view,  within  the  city,  write  or  draw,  cut,  make,  or 


204 


CITY  ORDINANCES. 


show,  any  lewd  or  indecent  word,  sentence,  design  or  figure;  or 
whoever  shall  indecently  exhibit  any  stallion,  bull,  jackass  or 
other  animal,  except  in  an  enclosed  place  out  of  public  view 
and  hearing,  shall,  in  either  case,  be  subject  to  a  fine  of  not 
less  than  five  dollars  or  more  than  fifty  dollars. 

797.  Whoever  shall,  within  the  city,  or  within  three  miles 
of  the  outer  boundaries  thereof,  keep  or  maintain,  directly  or 
indirectly,  any  bawdy  or  disorderly  house,  house  of  ill-fame  or 
of  assignation,  or  place  for  the  practice  of  fornication  or  adult¬ 
ery,  shall,  upon  conviction,  be  fined  in  any  sum  not  less  than 
ten  dollars  nor  more  than  two  hundred  dollars  for  each  offense, 
and  be  subject  to  a  further  penalty  of  one  hundred  dollars  for 
every  twenty-four  hours  such  person  shall  keep  or  maintain 
said  "house  after  the  first  conviction  or  after  any  such  person 
shall  have  been  ordered  by  any  member  of  the  police  force  to  * 
discontinue  the  same. 

798.  Whoever  shall,  within  said  city,  or  within  three  miles 
of  the  limits  thereof,  knowingly  lease,  let  or  permit  any  build¬ 
ing  or  premises,  owned  by  him  or  under  his  control,  to  be  used 
in  whole  or  in  part  as  a  house  of  ill-fame,  or  house  of  assigna¬ 
tion,  or  place  for  the  practice  of  fornication  or  adultery,  shall 
be  subject  to  a  fine  of  not  less  than  ten  dollars  nor  more  than 
one  hundred  dollars,  and  to  a  further  fine  of  twenty-five  dollars 
for  every  forty-eight  hours  after  the  first  conviction  that  he 
shall  continue  to  violate  this  section. 

799.  Whoever  shall  be  an  inmate  or  occupant  of,  or  shall 
frequent  or  be  found  in,  any  bawdy  house,  house  of  ill-fame  or 
of  assignation,  or  place  used  for  the  practice  of  fornication  or 
adultery,  within  said  city,  or  within  three  miles  of  the  limits 
thereof,  shall,  on  conviction,  be  fined  not  less  than  two  dollars 
nor  more  than  twenty  dollars  for  each  offense. 

800.  Whoever  shall,  within  said  city  entice,  influence  or 
persuade  any  female  to  enter  or  frequent  any  bawdy  house, 
house  of  ill-fame  or  assignation,  or  place  used  for  the  practice 
of  fornication  or  adultery;  or  wThoever  shall  induce  any  minor 
to  enter  or  frequent,  or  shall  allow  or  permit  any  minor  to 
remain  in  any  such  house  or  place,  shall,  for  each  offense,  be 
subject  to  a  fine  of  not  less  than  twenty-five  dollars  nor  more 
than  two  hundred  dollars. 

801.  In  any  action  or  suit  arising  under  the  last  four  pre¬ 
ceding  sections  of  this  chapter,  the  fact  that  any  house  is  a 
house  of  ill-fame  or  of  assignation,  or  that  any  house  is  used 
for  the  practice  of  fornication  or  adultery,  shall  be  sufficiently 
proven  or  established  by  evidence  that  such  is  the  general  repu¬ 
tation  of  the  same. 


CITY  ORDINANCES. 


205 


802.  Any  person  who  shall  oe  guilty  of  any  open  lewdness 
or  indecency,  or  who  shall,  in  the  hearing  of  other  persons, 
publicly  utter  any  obscene  or  filthy  word  or  expression,  or  who 
shall  appear  in  any  public  place  in  a  state  of  nudity,  or  in  any 
dress  not  belonging  to  his  or  her  sex,  or  in  any  indecent  dress, 
or  in  any  indecent  condition,  shall  be  subject  to  a  penalty  of 
not  less  than  five  dollars  for  each  offense. 

•803.  Whoever  shall  use  any  profane  or  obscene  language 
in  any  public  place  in  said  city,  loud  enough  to  be  heard  by  any 
persons  passijg  thereby,  and  when  any  woman  may  be  suffi¬ 
ciently  near  to  hear  the  same;  or  shall  be  guilty  of  any  disor¬ 
derly  conduct  or  behavior,  shall,  in  any  case,  be  subject  to  a 
tine  of  not  less  than  one  dollar  nor  more  than  twenty  dollars. 

804.  Any  person  who  shall  bring  or  cause  to  be  brought 
into  said  city,  for  the  purpose  of  sale  or  exhibition,  or  shall 
keep,  sell,  uffer  or  expose  for  sale,  any  obscene  or  indecent 
publication,  book,  pamphlet,  paper,  print,  picture,  illustration, 
model,  cast,  instrument  or  article  for  indecent  or  immoral  use, 
or  shall  advertise  the  same  for  exhibition  or  sale,  shall,  on  con¬ 
viction,  be  fined  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars  for  each  offense. 

805.  Whoever  shall  exhibit  or  perform,  or  assist  in  exhib- 
ing  or  performing,  in  said  city,  any  obscene,  indecent  or  lewd 
play,  or  other  such  representation,  or  shall  knowingly  permit 
the  same  to  be  exhioited  or  performed  in  any  building  or  hail 
owned  or  controlled  by  him,  shall,  in  each  case,  be  subject  to  a 
fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

806.  Whoever  shall  inhumanely,  unnecessarily  or  cruelly 
beat,  injure  or  otherwise  abuse  any  dumb  animal,  or  overload 
any  team,  or  inhumanely  treat  or  restrain  any  animal,  shall  be 
fined  not  less  than  five  dollars  nor  more  than  twenty  dollars  for 
each  offense. 

807.  No  doctor,  druggist  or  other  person  shall  make,  sell, 
put  up,  prepare  or  administer  any  prescription,  decoction  or 
medicine  under  any  deceptive  or  fraudulent  name,  direction  or 
pretense,  under  the  penalty  of  not  less  than  ten  dollars  for  each 
offense. 

808.  No  poisonous  medicine,  decoction  or  substance  shall 
be  held  for  sale  or  sold,  except  for  lawful  purposes  and  with 
proper  motives,  and  by  persons  competent  to  give  the  proper 
directions  and  precautions  as  to  the  use  of  the  same;  nor  shall 
any  bottle,  box,  parcel  or  receptacle  thereof  be  delivered  to  any 
person  unless  the  same  is  marked  “poison,  ”  nor  to  any  person 
to  whom  the  party  delivering  the  same  has  reason  to  think 


206 


CITY  ORDINANCES. 


intends  it  for  any  illegal  or  improper  use  or  purpose,  under  the 
penalty  of  not  less  than  twenty-five  dollars  for  each  offense. 

809.  Whoever  shall  in  said  city,  interrupt  or  disturb  any 
congregation  or  assembly  met  for  the  purpose  of  religious  wor¬ 
ship,  or  for  any  lawful  purpose,  by  making  any  loud  or  unusal 
noise,  or  by  rude  and  indecent  behavior,  or  by  obscene  or 
improper  discourse  or  conduct  shall,  on  conviction  be  fined  not 
less  than  five  dollars  nor  more  than  fifty  dollars. 

810.  Whoever  shall  disturb  the  peace  of  the  city,  or  the 
quiet  of  any  private  family  or  person  therein,  by  loud  or  unusual 
noises  or  by  violent  and  tumultuous  carriage,  or  by  shouting, 
cursing,  quarrelling,  challenging  to  fight  or  fighting,  or  any 
other  disorderly  conduct,  or  who  shall  employ  any  bellman  or 
cryer,  or  use  any  bell,  gong  or  drum  in  connection  with  or  for 
the  purpose  of  directing  attention  to  any  place  of  sale,  or  at  or 
near  any  auction  room,  shall  upon  conviction  be  fined  not  less 
than  one,  nor  more  than  twenty  dollars. 

811.  Whoever  shall  wilfully  turn  a  stream  of  water  from 
any  hose  or  hydrant  upon  any  other  person,  or  upon  any  private 
premises  (except  in  case  of  fire)  without  consent  of  the  occu¬ 
pant  of  such  premises,  shall  be  liable  to  a  fine  of  not  less  than 
one  dollar. 

812.  Any  person  who  shall  within  said  city  engage  in 
fighting  or  shall  challenge  any  person  to  fight,  or  who  shall 
commit  an  assault  upon  the  person  of  another,  or  shall  threaten 
or  traduce  another,  or  shall  use  any  profane,  obscene,  abusive  or 
offens.ve  language,  or  indulge  in  any  conduct  toward  another 
tending  to  provoke  a  disturbance  or  breach  of  the  peace,  shall 
upon  conviction  be  fined  not  less  than  three  dollars. 

813.  Any  person  who  shall,  except  in  performance  of  duty, 
attempt  to  get  on  or  in  any  manner  attach  himself  to  any  loco¬ 
motive,  tender,  railroad  car  or  street  car  while  in  motion  or 
who  shall  climb  upon  or  into  any  wagon,  carriage,  sleigh  or 
other  vehicle  while  the  same  may  be  in  motion,  or  attach  his 
sled  or  cart  to  any  such  vehicle  without  the  consent  of  the 
driver  thereof,  shall  be  subject  to  a  penalty  of  not  less  than 
one  dollar. 

814.  Any  person  keeping  or  having  charge  of  any  house, 
building,  shop,  or  place  of  any  description  who  shall  suffer  or 
permit  therein  any  loud  and  boisterous  talk  or  conversation,  or 
any  profane  or  obscene  language,  or  any  species  of  disorder  or 
tumult,  which  may  alarm  or  disturb  others  in  such  place,  or 
may  alarm  or  disturb  the  neighborhood,  or  persons  passing  on 
any  public  street  or  highway,  shall  be  deemed  guilty  of  a  mis- 


CITY  ORDINANCES. 


207 


demeanor,  and  shall  be  liable  to  a  penalty  of  not  lees  than  three 
dollars  for  each  offense 

815.  Any  person  who  shall  make,  aid,  countenance,  or 
assist  in  making  any  improper  noise,  riot,  disturbance,  breach 
of  the  peace,  or  diversion  tending  to  a  breach  of  the  peace  in 
the  streets  or  elsewhere  in  the  city,  and  all  persons  who  shall 
collect  in  bodies  or  crowds  for  unlawful  purposes  or  for  any 
purpose  to  the  annoyance  or  disturbance  of  citizens  or  travel¬ 
ers,  shall  be  severally  subject  to  a  fine  of  not  less  than  one  nor 
exceeding  one  hundred  dollars. 

816.  Whoever  shall,  within  said  city,  set  up,  run  or  main¬ 
tain  any  lottery,  or  shall  sell  or  dispose  of  for  gain  any  ticket, 
chance  or  share  in  any  lottery,  or  shall  sell  or  attempt  to  dis¬ 
pose  of  any  article  of  property  dependent  upon  any  chance,  by 
dice,  lot,  numbers,  or  other  device,  or  shall  promote  or  be  in  any 
way  connected  with  any  such  lottery  or  game  of  chance;  or  who¬ 
ever  shall  knowingly  permit  any  such  lottery,  business  or  en¬ 
terprise,  to  be  carried  on  in  any  building  or  premises  owned  or 
controlled  by  him,  shall, on  conviction,  be  fined  nor,  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each  offense. 

817.  Whoever  shall  knowingly  and  willfully  assult,  beat, 
obstruct,  resist,  hinder,  delay  or  oppose  any  xjo^ce  officer  or 
other  conservator  of  the  peace  of  the  city,  or  any  person  aid¬ 
ing  such  officer  in  the  discharge  of  any  official  duty,  or  shall 
refuse  or  neglect  to  obey  any  lawful  order  or  direction  of  such 
officer,  or  shall  refuse  or  neglect  to  aid  and  assist  such  officer 
in  taking  or  arresting  or  securing  any  person  subject  to  be 
arrested  in  accordance  with  any  ordinance  of  the  city  or  crim¬ 
inal  law  of  the. state,  or  shall  neglect  or  refuse  to  aid  in  retak¬ 
ing  or  securing  any  person  who,  having  been  lawfully  arrested 
or  confined  as  aforesaid,  may  have  escaped  from  such  arrest  or 
imprisonment,  or  shall  neglect  or  refuse  to  aid  and  assist  in 
preventing  any  breach  of  the  peace,  or  the  commission  of  any 
criminal  offense,  being  thereto  lawfully  required  by  any  police 
officer,  special  constable  or  other  conservator  of  the  peace,  or 
who  shall  rescue  or  attempt  to  rescue  any  person  from  the 
custody  of  an  officer  or  any  person  having  such  person  legally 
in  custody,  or  shall  molest  or  interfere  with  any  officer  nr  per¬ 
son  so  having  any  person  in  custody,  or  shall  in  any  manner 
aid,  abet  or  encourage  the  rescue  or  escape,  or  the  attempt  to 
escape  from  imprisonment  or  custody  of  any  person  legally 
committed  thereto,  shall  be  subject  to  a  penalty  of  not  less 
than  ten  dollars. 

818.  Whoever  shall  be  in  a  state  of  intoxication  or  drunk¬ 
enness  in  any  public  place,  or  place  open  to  public  view,  within 


208 


CITY  ORDINANCES. 


the  city,  or  in  any  private  house  or  place  to  the  annoyance  of 
any  person,  shall,  upon  conviction,  be  fined  not  less  than  one 
dollar  nor  more  than  fifty  dollars. 

819.  Any  person  or  persons  who  shall  drink  any  intoxicat¬ 
ing,  malt,  vinous,  mixed  or  fermented  liquors,  on  any  public 
street  or  other  public  place  in  said  city,  or  in  public  view  in 
said  city,  or  in  any  alley,  shed,  barn,  out  building,  hall,  room, 
stable  yard,  or  other  private  place  in  said  city  without  consent 
of  the  authorized  occupant  thereof,  shall  be  liable  to  a  fine  of 
five  dollars  for  each  offense. 

820.  Any  owner,  lessee,  occupant,  or  agent  of  such  owner, 
lessee,  or  occupant,  who  shall  give  consent  to  any  person  or 
persons  to  drink  any  intoxicating,  malt,  vinous,  mixed  or  fer¬ 
mented  liquors  in  any  shed,  barn,  outbuilding,  open  hallway, or 
stable  yard,  shall  be  liable  to  a  penalty  of  'five  dollars  for  each 
offense. 

821.  Every  person  who  engages  or  aids  in  any  game, 
device,  trick  or  scheme  designed,  or  intended  to  cheat,  swindle 
or  defraud  any  one  out  of  any  money,  or  other  property,  or 
who  shall  attempt,  or  aid  in  attempting,  to  cheat,  swindle,  or 
defraud  any  one  of  any  money  or  property,  by  any  game,  trick, 
scheme,  or  device,  or  who  has  in  his  or  her  possession  in  the 
city,  any  implement,  token,  or  device,  used  in  any  game  of 
chance,  sleight  of  hand,  trick  or  scheme,  calculated  or  intended 
to  cheat,  swindle,  or  defraud  anyone  out  of  money  or  property, 
shall  be  deemed  guilty  of  a  misdemeanor,  and  be  liable  to  a 
penalty  of  not  less  than  five  nor  exceeding  fifty  dollars  for  each 
offense. 

822.  Whoever  shall  set  up,  keep  or  maintain  or  permit  to 
be  set  up,  kept  or  maintained  in  any  house,  room  or  place 
within  this  city  owned,  occupied  or  controlled  by  him,  any 
table,  instrument,  device  or  thing  for  the  purpose  of  gambling, 
or  with  or  by  which  money,  liquors,  cigars  or  anything  of  value 
shall  be  played  for,  or  whoever  shall  keep  a  room  or  rooms  or 
place  for  the  purpose  of  playing  poker  or  any  other  game  what¬ 
ever  with  cards  or  dice  or  other  device  or  thing  whatever  for 
the  purpose  of  gambling,  and  upon  which  money  or  anything  of 
value  is  staked,  shall  be  subject  to  a  penalty  of  not  less  than 
one  hundred  dollars. 

823.  Whoever  shall  deal,  play  or  engage  in  faro,  roulette, 
poker,  or  any  other  device  or  game  of  chance,  either  as  banker, 
dealer,  player,  or  otherwise,  for  the  purpose  of  gaming,  shall 
be  subject  to  a  penalty  of  not  less  than  five  dollars  for  each 
offense. 

824.  No  person  shall  bring  into  this  city,  or  have  in  his, 


CITY  ORDINANCES 


209 


her  or  their  possession  in  this  city,  any  table,  thing  or  device  of 
any  kind  or  nature,  whereon  or  with  which  money  or  anything 
of  value  may  in  any  manner  be  played  for,  under  a  penalty  of 
not  less  than  fifty  dollars. 

825.  Any  person  who  is  a  frequenter,  visitor,  inmate  or 
solicitor  for  any  house,  room  or  place  in  this  city  kept  for  the 
purpose  of  gaming,  or  in  which  any  of  the  games  covered  by 
the  previous  sections  are  played  for  money,  liquor,  or  any  other 
thing  of  value,  shall  be  subject  to  a  penalty  of  not  less  than 
ten  dollars. 

826.  Whoever  without  proper  authority  injures  or  exting¬ 
uishes  or  in  any  way  interferes  with  any  gas  or  electric  light, 
or  any  light  or  signal,  placed  on  any  street,  avenue,  alley,  side¬ 
walk  or  oiher  public  place  in  the  city  to  indicate  danger  shall  be 
subject  to  a  fine  of  not  less  than  ten  dollars. 

827.  Whoever  places  or  causes  to  be  placed  in  or  upon  any 
street,  alley,  highway  or  public  ground  any  tack,  nail,  piec^  of 
iron,  broken  glass  or  other  substance  which  may  injure,  cut  or 
puncture  any  pneumatic  tire,  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars. 

828  Whoever  shall,  within  said  city,  wear  or  carry,  con¬ 
cealed  about  his  person  any  pistol,  revolver,  slungshot,  metal¬ 
lic  knuckles,  bowie  knive,  dirk,  razor  or  other  dangerous  or 
deadly  weapon;  or  whoever  shall  display  or  flournish  any  such 
weapon  in  a  boisterous  or  threatening  manner,  shall,  on  convic¬ 
tion,  be  fined  not  exceeding  twenty-five  dollars  for  each 
offense;  provided,  that  the  provisions  of  this  section  shall  not 
be  held  to  apply  to  any  police  officer,  constable  or  other  peace 
officer,  while  in  the  discharge  of  his  duty,  nor  to  any  person 
summoned  by  any  such  officer  to  aid  him  in  making  an  arrest  or 
preserving  the  peace. 

829.  Whoever  shall,  by  gesture  or  otherwise,  encourage 
dogs  to  fight  or  continue  fighting,  shall  be  subject  to  a  penalty 
of  not  less  than  two  dollars.  The  police  officers  shall  suppress 
all  dog  fighting  and  arrest  the  persons  encouraging  the  same. 

830.  Whoever  shall  falsely  personate  a  city  officer  or  shall 
molest,  hinder  or  obstruct  any  city  officer  or  any  employe  of 
the  city,  in  the  performance  of  his  official  duty,  or  whoever 
shall  change,  remove  or  destroy  any  stone,  stake  or  post  set 
to  mark  the  corner  of  any  lot  or  parcel  of  ground,  or  any 
street  or  alley,  or  to  show  the  grade  of  any  street,  alley,  side¬ 
walk  in  the  city  or  set  for  any  other  purpose  by  such  officer  or 
employe,  shall  on  conviction  be  fined  not  less  than  two  dollars. 

831.  Whoever  shall,  by  the  burning  of  any  stable  refuse 
or  rubbish,  or  any  bonfire  cause  offensive  smell  or  smoke,  to 


210 


CITY  ORDINANCES. 


the  discomfort  or  inconvenience  of  residents  of  the  neighbor¬ 
hood,  shall  be  subject  to  a  penalty  of  not  less  than  one  dollar. 

832.  No  person  shall  sell  to,  buy  for  or  furnish  to  any 
minor  not  above  the  age  of  sixteen  years,  any  cigar,  or  any 
tobacco  in  any  form,  under  penalty  of  not  less  than  five 
dollars. 

833.  Any  person  having  or  recovering  from  any  malignant 
and  infectious  disease  who  shall  appear  in  any  public  place 
before  he  shall  be  past  all  danger  of  giving  the  disease  to 
others,  shall  be  subject  to  a  penalty  of  not  less  than  ten 
dollars. 

834.  Any  person  attending  or  being  with  any  person  hav¬ 
ing  any  malignant  or  infectious  disease,  who  shall  not  change 
or  purify  his  wearing  apparel  before  appearing  in  any  public 
}3lace,  or  shall  so  conduct  himself  as  to  endanger  the  spreading 
of  such  disease,  shall  be  subject  to  a  penalty  of  not  less  than 
ten  dollars. 

835.  The  establishment  or  carrying  on  of  any  offensive  or 
unwholesome  business  within  the  city  or  within  one  mile  of  the 
limits  thereof  is  hereby  prohibited,  and  whoever  is  guilty 
thereof  shall  be  liable  to  a  fine  of  not  less  than  $5.00  nor  more 
than  $200  for  each  offense. 

836.  Whenever  a  peddler  shall  enter  any  private  dwelling 
without  being  admitted  into  the  same,  or  shall  insist  upon  the 
showing  or  sale  of  his  goods  or  wares  to  any  person  after  being 
requested  not  to  do  so,  or  shall  annoy  any  person  by  importuni¬ 
ties  to  purchase,  or  shall  obstruct  any  sidewalk  or  street  by 
the  opening  of  his  goods  and  wares,  drugs  or  other  things,  shall 
be  subject  to  a  penalty  of  not  less  than  three  dollars  for  each 
offense. 

837.  No  person  while  distributing  hand  bills,  notices  or 
other  printed  matter,  shall  ring  the  bell  or  knock  upon  the  door 
of  any  private  residence,  except  in  compliance  with  the  request 
of  the  occupant  thereof,  under  penalty  of  not  less  than  one 
dollar. 

838.  Whoever  shall  keep  more  than  two  swine  in  one  pen 
or  upon  one  lot  when  the  land  is  laid  out  in  lots  or  shall  keep 
any  swine  in  a  pen  adjoining  any  public  street  or  avenue,  or 
within  twenty-five  feet  thereof,  or  within  three  blocks  of  the 
public  square  in  the  city  shall  upon  conviction  be  fined  not  less 
than  three  dollars,  and  three  dollars  in  addition  for  every 
twenty-four  hours  he  shall  allow  such  swine  to  remain  after 
conviction. 

839.  It  shall  be  unlawful  for  any  person  or  persons  to 


CITY  ORDINANCES. 


211 


enter  upon  and  engage  in  any  games,  sports  or  plays,  upon  any 
of  the  public  school  grounds  where  public  schools  are  held, 
during  school  hours,  or  while  any  public  schools  are  in  opera¬ 
tion,  or  during  vacation,  or  be  found  loitering  about  the  same; 
and  it  shall  be  unlawful  for  any  person  or  persons  to  commit  a 
nuisance  on  such  grounds  at  any  time. 

840.  Whoever  in  the  use  of  a  telephone  instrument  shall 
use  profane,  indecent,  obscene  or  vulgar  language,  or  whoever 
shall  in  such  use  personate  or  represent  another  and  shall 
thereby  or  shall  in  any  other  manner  in  the  use  of  such  an 
instrument  prejudice,  injure  or  seriously  annoy  any  other  per¬ 
son  or  persons,  or  whoever  shall  in  such  use  raise  a  false  alarm 
shall  be  subject  to  a  penalty  of  not  less  than  $2.00. 


CHAPTER  XLIX. 

NUISANCE. 

841.  Any  pig  pen,  stable  or  other  place  in  which  swine  or 
other  animals  are  kept,  or  any  building  or  premises  within  the 
city  which  may  be  offensive  or  nauseous  to  any  person  residing 
in  the  vicinity  of  the  same,  or  to  persons  passing  along  any 
street  or  alley  near  the  same,  is  hereby  declared  to  be  a  nuis¬ 
ance;  and  the  owner  or  keeper  of  such  a  pen,  swine  or  other 
animals,  or  the  owner  or  occupant  of  such  building  or  premises, 
who  shall  fail,  neglect  or  refuse  to  abate  such  nuisance,  after 
notice  to  do  so  by  the  health  officer  of  the  city,  or  any  policeman 
or  person  aggrieved  thereby,  shall,  upon  conviction,  be  fined 
not  less  than  one  dollar  nor  more  than  twenty  dollars,  and  shall 
be  subject  to  a  further  fine  of  one  dollar  for  each  day  thereafter 
that  he  shall  fail  to  remedy  or  abate  such  nuisance. 

842.  Whoever  shall  within  the  city  place  or  throw  or  permit 
to  be  discharged  or  to  flow  from  or  out  of  any  house  or  premises 
any  filthy,  foul  or  offensive  matter  or  liquid  of  any  kind  into  any 
street,  alley  or  public  place  or  upon  any  lot  or  ground  or  shall 
allow  or  permit  the  same  to  be  done  by  any  person  connected 
with  the  premises  under  his  or  her  control  or  shall  allow  or  per¬ 
mit  the  contents  of  any  vault,  privy  or  cesspool  to  rise  within 
less  than  two  feet  of  the  top  thereof,  shall  be  deemed  guilty  of 
a  nuisance  and  shall  upon  conviction  be  fined  not  less  than  three 
dollars  for  each  offense. 

843.  It  shall  constitute  and  is  hereby  declared  to  be  a 
nuisance  for  any  person  or  persons,  the  owner  or  drivers  of  any 


212 


CITY  ORDINANCES. 


wagon  or  other  vehicle  loaded  with  any  dead  hog  or  dead  swine 
or  other  animals,  unless  the  same  have  been  slaughtered  for  use 
as  meat,  to  stop  such  wagon  or  vehicle  containing  any  such  load 
or  part  of  a  load  at  or  upon  any  street,  avenue,  alley,  or  place 
within  the  city,  or  to  unload  the  contents  or  any  part  of  such 
load  at  or  upon  any  place  within  the  limits  of  the  city,  except 
within  or  upon  cars  for  immediate  shipment;  and  any  person 
or  persons,  owner  or  driver  of  any  such  vehicle  guilty  of  a  vio¬ 
lation  of  any  of  the  provisions  of  this  section,  shall  be  liable  to 
a  penalty  of  not  less  than  three  nor  more  than  one  hundred 
dollars  for  each  and  every  offense. 

844.  Any  noxious,  objectionable  or  dangerous  plant  or 
weed  liable  to  spread  over  surrounding  ground  to  the  public 
injury,  or  detrimental  to  persons  residing  or  owning  property 
in  the  vicinity,  allowed  to  grow  on  any  lot  or  premises  in  the 
city,  is  hereby  declared  a  nuisance,  and  any  person  permitting 
such  growth  on  any  premises  controlled  by  him  shall  be  subject 
to  a  penalty  of  not  less  than  three  dollars  for  each  offense,  and 
shall  also  be  liable  for  all  cost  incurred  under  the  direction  of 
the  superintendent  of  streets  in  the  removal  or  extermination 
of  such  plants  or  weeds  upon  such  premises. 

4 

845.  Any  wooden  building  or  wooden  part  of  any  building 
which  may  be  situated  within  thirty  feet  of  any  contigious 
building,  and  which  shall  be  so  dilapidated  and  out  of  repair  as 
to  be  untenantable,  is  hereby  declared  to  be  a  nuisance. 

846.  Any  building,  or  erection  or  part  thereof,  which  shall 
be  in  danger  of  falling,  or  otherwise  in  such  a  condition  as  to 
endanger  the  safety  of  persons  passing  under  or  near  the  same, 
or  residing  adjacent  thereto,  or  to  endanger  any  property  con¬ 
tigious  thereto,  is  hereby  declared  to  be  a  nuisance. 

847.  Whoever  shall,  within  said  city  butcher  or  slaughter 
any  cattle,  sheep,  swine  or  other  animals,  except  for  his  own 
family  use,  or  use  any  building  or  premises  for  that  purpose, 
shall  be  deemed  guilty  of  creating  a  nuisance;  or  whoever  shall 
within  the  distance  of  one  mile  without  the  city  limits,  estab¬ 
lish  any  slaughter  or  packing  house,  or  carry  on  the  business 
of  slaughtering  or  butchering  stock,  without  obtaining  the  per¬ 
mission  of  the  city  council  therefor,  shall  be  deemed  guilty  of 
a  nuisance;  or  whoever  having  obtained  permission  of  the  city 
council,  shall  conduct  or  carry  on  the  business  of  slaughtering 
or  butchering  in  such  manner  as  to  taint  the  air  so  that  the 
same  shall  become  offensive,  annoying  or  unwholesome  to  the 
persons  residing  in  the  neighborhood  thereof,  shall  be  deemed 
guilty  of  a  nuisance.  Any  person  or  persons  causing  or  con¬ 
tinuing  any  such  nuisance,  or  failing  to  keep  his  or  their  prem- 


CITY  ORDINANCES. 


213 


ises  in  aclean  and  inoffensive  condition,  shall  be  subject  to  a  tine 
of  not  less  than  five  dollars  nor  more  than  one  hundred  dollars 
in  each  case,  and  to  a  further  fine  of  tive  dollars  for  each  day 
after  the  first  conviction  that  any  such  nuisance  shall  remain. 

848.  Whoever  shall,  within  the  city  limits,  establish  or 
maintain  any  tallow  chandlery,  tannery,  or  bone  factory,  or 
shall  steam,  boil  or  render  any  tainted  lard,  offal  or  other 
unwholesome  animal  substance,  shall  be  deemed  guilty  of  a 
nuisance;  or  whoever  shall,  without  the  city  limits,  and  within 
one  mile  thereof,  establish  or  maintain  any  such  chandlery, 
factory,  tannery  or  rendery,  without  first  obtaining  the  consent 
of  the  city  council,  or  whoever  having  obtained  such  permission 
and  consent,  shall  so  conduct  and  carry  on  such  business  as  to 
taint  the  air  and  render  it  offensive  or  unwholesome,  or  so  as  to 
effect  the  health  or  comfort  of  persons  residing  in  the  neigh¬ 
borhood  thereof,  shall  be  deemed  guilty  of  a  nuisance,  and  shall 
be  subject  to  a  fine  of  not  less  than  two  dollars  nor  more  than 
twenty  dollars  for  each  offense,  and  to  a  further  fine  of  two 
dollars  for  each  day  after  the  first  conviction  that  any  such 
nuisance  shall  be  continued. 

849.  That  the  keeping  of  any  jack,  horse,  dog  or  other 
animal  within  the  city  which  by  braying,  kicking,  squealing, 
barking  or  howling  or  in  any  other  manner  disturbs  the  quiet  of 
any  person  or  persons  is  hereby  declared  to  be  a  nuisance,  and 
whoever  is  guilty  thereof  shall  be  liable  to  a  fine  of  not  less 
than  two  dollars,  and  the  like  sum  for  every  twenty-four  hours 
he  shall  allow  the  same  to  remain  after  being  notified  to  remove 
or  abate  the  same. 

850.  Whoever  shall  commit  a  nuisance  of  any  kind  or 
description  in,  upon  or  about  any  private  property  or  in  any 
public  place  or  grounds  within  the  city  shall  be  liable  to  a  fine 
of  not  less  than  two  dollars  for  each  offense. 

851.  When  any  nuisance  or  anything  likely  to  become  a 
nuisance,  may  be  found  upon  any  premises,  the  owner,  occu¬ 
pant,  or  agent  of  such  premises  shall  be  notified  by  the  marshal 
or  any  policeman  in  writing  to  abate  the  same;  and  if  such 
owner  or  his  agent  or  occupant,  whose  duty  it  is  to  abate  such 
nuisance,  shall  not  within  twenty-four  hours  thereafter  comply 
with  such  notice,  he  shall  be  subject  to  a  penalty  of  not  less 
than  two  dollars. 

852.  Whenever  any  person  shall  be  convicted  of  maintain¬ 
ing  a  nuisance,  and  shall  fail  to  abate  and  remove  the  same,  such 
nuisance  shall  be  abated  by  the  marshal,  and  the  cost  and 
expense  of  such  abatement  shall  be  paid  by  the  person  or  per¬ 
sons  responsible  for  such  nuisance. 


214 


CITY  ORDINANCES. 


853.  Whenever  any  nuisance  is  of  such  a  nature  or  char¬ 
acter  that  the  continuance  thereof  is  liable  to  result  in  injury  to 
any  person,  or  in  expense  to  the  city,  it  shall  be  the  duty  of  the 
city  marshal  to  abate  and  remove  the  same  summarily  without 
waiting  for  the  conviction  of  the  author  thereof. 

854.  The  storing  or  keeping  in  store  within  the  city  or 
within  one-half  mile  of  the  limits  thereof,  and  within  100  feet  of 
any  dwelling  or  business  house,  of  old  rags  in  excess  of  500 
pounds  at  any  one  time,  is  hereby  declared  to  be  a  nuisance,  and 
whoever  is  guilty  thereof  shall  be  fined  not  less  than  $2.00  for 
each  offense,  and  to  a  further  sum  of  $2.00  for  each  day 
after  the  first  conviction  that  any  such  nuisance  shall  be  con¬ 
tinued. 

855.  All  places  where  any  intoxicating,  malt,  vinous,  mixed 
or  fermented  liquors  are  sold  or  given  away  in  violation  of  any 
ordinance  of  the  city,  and  all  places  within  said  city  where  any 
of  such  liquors  are  kept  on  hand  for  sale  or  gift  contrary  to  any 
city  ordinance,  and  all  places  where  any  table,  instrument, 
device  or  thing  is  kept  for  the  purpose  of  gambling  or  with  or 
by  which  money,  liquors,  cigars  or  anything  of  value  shall  be 
played  for,  contrary  to  any  city  ordinance,  and  all  places  kept 
for  the  purpose  of  playing  poker  or  any  other  game  whatever 
with  cards  or  dice  or  other  device  or  thing  whatever  for  the 
purpose  of  gambling  and  upon  which  money  dr  anything  of 
value  is  staked,  contrary  to  any  city  ordinance,  and  all  bawdy 
and  disorderly  houses,  houses  of  ill-fame  or  assignation  within 
the  limits  of  the  city  or  within  three  miles  of  the  boundaries  of 
the  city,  shall  be  taken,  held  and  are  hereby  declared  to  be  nuis¬ 
ances,  and  whoever  shall  keep  any  such  place  by  himself  or  his 
agent  or  servant  shall  for* each  offense  be  fined  the  sum  of  two 
hundred  dollars,  and  it  shall  be  part  of  the  judgment  upon  con¬ 
viction  of  the  keeper  that  the  place  so  kept  shah  be  abated  and 
shut  up. 

856.  That  upon  the  entering  of  a  judgment  for  any  viola¬ 
tion  of  the  previous  section,  the  magistrate  or  court,  by  or 
before  whom  such  judgment  is  rendered,  shall  issue  an  order 
directed  to  the  city  marshal  or  any  police  officer  of  the  city, 
directing  him  to  shut  up  such  place  and  keep  the  same  shut 
until  the  keeper  thereof  shall  give  bond,  with  security  to  be 
approved  by  the  city  clerk  or  by  the  court  before  whom  the 
judgment  was  rendered,  in  the  sum  of  one  thousand  dollars, 
payable  to  the  city,  conditioned  that  he  will  not  sell  any  of  such 
liquors  upon  such  premises,  or  that  no  such  table,  instrument, 
device  or  thing  shall  be  kept  in  such  place  for  the  purpose  of 
gambling,  or  that  such  place  shall  not  be  kept  for  the  purpose 
of  playing  poker  or  any  other  game  wThatever  with  cards,  dice 


CITY  ORDINANCES. 


215 


or  other  device  or  thing  whatever  for  the  purpose  of  gambling, 
or  that  such  place  shall  not  be  kept  as  a  bawdy  or  disorderly 
house,  house  of  ill-fame  or  assignation,  as  the  case  may  be. 
And  in  each  instance  such  bond  shall  contain  a  provision  that 
the  principal  therein  or  the  occupant  of  the  premises  shall  at 
any  time  during  business  hours  or  when  such  place  shall  be 
open  for  business  allow  the  mayor,  city  marshal  or  any  police 
officer  of  the  city  to  enter  such  place  and  search  for  the  article 
or  articles  for  the  keeping,  using  or  selling  of  which  said  prin¬ 
cipal  was  convicted,  or  for  improper  characters  supposed  to  be 
inmates  thereof,  he  or  she  giving  and  granting  such  officer  or 
officers  all  reasonable  facilities  for  making  such  search.  And 
in  case  of  a  violation  of  any  of  the  conditions  of  such  bond,  the 
whole  of  said  sum  shall  become  due  and  payable  to  the  city, 
and  the  city  may  sue  for  and  recover  the  full  amount  ot  the 
sum  named  in  the  bond  as  tixed  and  liquidated  damages. 

857.  In  all  cases  where  no  provision  is  herein  made  defin¬ 
ing  what  are  nuisances  and  how  the  same  may  be  removed, 
abated,  or  prevented,  in  addition  to  what  may  be  declared  such 
herein,  those  offenses  which  are  known  to  the  common  law  of 
the  land  and  the  statutes  of  Illinois  as  nuisances  may,  in  case 
the  same  exists  or  is  committed  within  the  city,  be  treated  as 
such,  and  proceeded  against  as  is  in  this  chapter  provided,  or 
in  accordance  with  any  other  law  which  shall  give  the  officer 
trying  the  same  jurisdiction. 


CHAPTER  L. 

ORDINANCES. 

858.  All  ordinances  passed  by  the  city  council  shall  be 
recorded  by  the  clerk  in  a  record  book  of  ordinances  and  shall 
be  properly  indexed  by  their  titles  and  subjects.  The  originals 
shall  be  filed  in  the  clerk’s  office,  and  due  proof  of  the  publica¬ 
tion  of  all  ordinances  requiring  publication  by  the  certificate  of 
the  printer  or  publisher  shall  be  procured  by  the  clerk  and 
attached  thereto,  or  written  and  attested  upon  the  face  of  the 
record  of  such  ordinances. 

859.  Whenever  hereafter  ordinances  are  published  in  any 
newspaper  in  the  city,  it  shall  be  the  duty  of  the  city  clerk  to 


216 


CITY  ORDINANCES. 


cause  three  copies  of  the  proofs  of  said  ordinance  as  published, 
to  be  printed  on  book  paper  having  a  margin  of  at  least  one 
inch,  one  copy  each  for  the  use  of  the  police  magistrate  and 
city  attorney,  and  one  to  be  filed  in  the  clerk’s  office  for  refer¬ 
ence. 

860.  When  any  ordinance  or  part  thereof  shall  be  repealed 
or  modified  by  a  subsequent  ordinance,  the  ordinance  or  part 
thereof  so  repealed  or  modified,  shall  be  in  force  unti  the  tak¬ 
ing  effect  of  the  ordinance  repealing  or  modifying  the  same. 
No  ordinance,  or  part  thereof,  repealed  by  the  city  council, 
shall  be  deemed  to  be  revived  by  the  repeal  of  the  repealing 
ordinance  unless  it  shall  be  therein  so  expressly  provided. 

861  In  all  cases  where  the  same  offense  may  he  made  pun¬ 
ishable,  or  shall  be  created  by  different  clauses  or  sections  of 
the  ordinances  of  the  city,  the  prosecuting  officer  may  elect 
under  which  to  proceed. 

862.  Whenever  in  this  or  in  any  ordinance  hereafter 
passed,  a  minimum  but  no  maximum  fine  or  penalty  is  imposed, 
the  court  or  jury  may  in  its  discretion  adjudge  ttm  offender  or 
ofhnders  to  pay  any  sum  of  money  from  the  minimum  tine  or 
penalty  so  fixed,  to  not  exceeding  the  sum  of  two  hundred  dol¬ 
lars 

863.  All  ordinances  or  parts  of  ordinances,  except  when 
otherwise  expressly  provided,  shall  refer  and  apply  to  and  be 
confined  to  the  corporate  limits  of  the  municipal  corporation  of 
the  city  of  Monmouth  in  Warren  county  and  state  of  Illinois. 

864.  No  fine,  forfeiture,  penalty,  right,  action,  suit,  debt 
or  other  liability  whatever,  created,  instituted,  incurred  or 
accrued  by  or  under  any  ordinance  prior  to  its  repeal  or  modifi¬ 
cation,  shall  be  released,  discharged,  annulled,  repealed  or  in 
any  wise  affected  by  the  passage  of  such  repealing  or  modify¬ 
ing  ordinance;  but  ihe  same  may  be  prosecuted,  recovered  or 
enjoyed,  or  any  suit  or  other  proceedings  be  commenced  or 
completed  thereon,  as  fully  and  in  the  same  manner,  in  all 
respects,  as  if  such  ordinance  or  part  thereof  had  remained  in 
full  foi  ce,  unless  it  shall  be  otherwise  expressly  provided  in  the 
ordinance  making  such  repeal  or  modification. 

865.  No  person  shall  be  subject  to  any  fine  or  penalty  for 
or  on  account  of  any  testimony  which  he  or  she  may  give  as  a 
witness  for  the  city  in  any  police  oi  other  court,  nor  shall  such 
testimony  be  used  in  any  manner  against  such  witness  for  such 
purpose. 

866.  Whenever  any  words  in  any  ordinance  importing  the 
plural  number  shall  be  used  in  describing  or  referring  to  any 
matters,  parties,  or  persons,  any  single  matter,  party,  or  per- 


CITY  ORDINANCES. 


217 


son  shall  be  deemed  to  be  included  although  distributive  words 
may  not  be  used.  And  when  any  subject  matter,  party  or  per¬ 
son  shall  be  referred  to  in  any  ordinance  by  words  importing 
the  singular  number  only,  or  the  masculine  gender,  several 
matters,  parties,  or  persons,  and  females  as  well  as  mains  and 
bodies  corporate  shall  be  deemed  to  be  included:  Provided, 
that  these  rules  of  construction  shall  not  be  applied  to  any 
ordinance  which  shall  contain  any  express  provision  excluding 
such  construction,  or  where  the  subject  matter  or  context  of 
such  ordinance  may  be  repugnant  thereto. 

867.  The  word  “court,”  when  used  in  any  ordinance,  shall 
be  construed  to  mean  any  court  of  competent  jurisdiction, 
whether  police  magistrate’s  court,  justice  of  the  peace,  or  court 
of  record.  The  word  “month,”  when  used  in  any  ordinance, 
shall  be  construed  to  mean  a  calendar  month,  and  the  word 
“oath”  shall  be  deemed  to  include  an  affirmat  on,  and  the  word 
“sworn”  to  mean  sworn  or  affirmed.  Whe  n  in  any  ordinance 
any  act  shall  be  required  to  be  done  within  a  “reasonable  time,” 
or  upon  a  “reasonable  notice,”  such  reasonable  time  or  notice 
shall  be  deemed  to  mean  such  time  onH  as  may  be  necessary 
in  the  prompt  execution  of  such  duty  or  compliance  with  such 
notice. 

868  When  any  duty  shall  be  required  of  or  power  vested 
in  the  mayor,  the  same  shall  be  deemed  to  extend  to  and  em¬ 
brace,  and  may  be  exercised  by  the  acting  mayor  also;  and 
when  any  duty  shall  be  required  of  or  power  vested  in  the  city 
marshal,  the  same  shall  be  deemed  to  extend  to  and  to  embrace, 
and  may  be  exercised  by  the  seargam  of  police  and  by  police¬ 
men,  unless  such  construction  would  be  contrary  to  the  terms 
of  the  ordinance,  or  in  derogation  of  the  city  charter. 

869.  Whenever  in  any  ordinance  the  doing  of  any  act  or 
thing  is  or  may  be  enjoined  or  required  as  a  duty,  or  is  or  may 
be  prohibited,  or  is  or  may  be  declared  to  be  a  breach  thereof, 
and  there  is  or  shall  be  no  line  or  penalty  declared  for  such 
breach  or  for  the  failure  or  omission  to  do  or  perform  sueh  duty 
or  for  the  commission  of  such  prohibited  act  or  thing,  then  in 
every  such  case  any  person  who  shall  be  convicted  of  such 
omission  or  commission,  or  of  such  breach  shall  be  adjudged  to 
pay  a  fine  of  not  less  than  three  nor  more  than  one  hundred 
dollars  for  each  offense. 

870.  The  revised  ordinances  of  said  city,  when  published 
in  book  form,  by  authority  of  the  city  council,  shall  be  deposited 
in  the  office  of  the  city  clerk.  He  shall  deliver  one  copy  thereof 
to  each  officer  of  the  corporation,  and  to  such  other  persons  as 
the  mayor  or  city  council  may  direct. 


218 


CITY  ORDINANCES. 


CHAPTER  LI. 

PAWN  BROKERS,  JUNK  DEALERS,  ETC. 

871.  Any  person  who  loans  money  on  deposit  or  pledge  of 
personal  property,  bonds,  notes  or  other  securities,  or  who 
deals  in  the  purchasing  of  personal  property,  or  choses  in 
action,  on  condition  of  selling  the  same  back  again  at  a  stipu¬ 
lated  price,  or  who  shall  at  his  place  of  business,  exhibit  three 
balls,  or  any  other  sign  or  device  designating  the  business  of  a 
pawnbroker,  is  hereby  defined  and  declared  to  be  a  pawn¬ 
broker. 

872.  Any  person  who  keeps  a  store,  office  or  place  of  busi¬ 
ness  for  the  purchase  or  sale  of  junk,  rags,  old  iron  or  any 
other  old  metal,  paper,  bagging  or  the  like,  is  hereby  defined  to 
be  a  junk  dealer;  but  the  purchase  of  old  metal  at  foundries 
for  use  in  their  business  shall  not  be  considered  as  junk  dealing. 

873.  Whoever  keeps  any  store,  room,  office  or  place  of 
business  for  the  purchase  or  sale  of  second-hand  furniture, 
household  goods,  clothing,  or  any  other  second-hand  articles,  is 
defined  to  be  a  keeper  of  a  second-hand  store. 

874.  Every  pawnbroker  and  loan  broker  or  keeper  of  a 
loan  office,  shall  keep  a  book  in  which  shall  be  fairly  written  in 
ink  at  the  time  of  each  loan  an  accurate  account  and  description 
in  the  English  language  of  the  goods,  article  or  thing  pawned 
or  pledged,  the  amount  of  money  loaned  thereon,  the  time  of 
pledging  the  same,  the  rate  of  interest  to  be  paid  on  such  loan, 
and  the  name  and  residence  of  the  person  pawning  or  pledging 
the  said  goods,  article  or  thing.  No  entry  made  in  such  book 
shall  be  erased,  obliterated  or  defaced. 

875.  The  said  book  as  well  as  every  article  or  other  thing 
of  value  pawned  or  pledged,  shall  at  all  reasonable  times  be 
open  to  the  inspection  of  the  mayor  or  any  member  of  the 
police  force. 

876.  No  person  licensed  for  either  purpose  aforesaid,  shall 
take  or  receive  in  pawn  or  pledge  for  money  loaned  or  shall 
take,  receive  or  purchase  in  the  line  of  his  business  as  a  pawn¬ 
broker,  junk  dealer,  or  keeper  of  a  second-hand  store,  any 
article,  property  or  thing  from  any  minor  or  any  article,  prop¬ 
erty  or  thing,  knowing  it  to  be  owned  or  claimed  by  a  minor, 
nor  from  any  person  appearing  to  be  intoxicated,  nor  from  any 
person  known  to  be  a  thief  or  to  have  been  convicted  of  lar¬ 
ceny,  or  burglary.  Any  person  violating  either  of  the  provis¬ 
ions  of  this  section  shall,  on  conviction,  be  fined  in  a  sum  not 
less  than  five  dollars  for  each  and  every  offense. 


CITY  ORDINANCES. 


219? 


CHAPTER  LII. 

POLICE  MAGISTRATE. 

877.  The  police  magistrate  and  the  several  justices  of  the 
peace  of  this  city  shall  keep  a  full  and  complete  docket  of  all 
city  cases  commenced,  tried  and  disposed  of  before  them,  and 
note  upon  the  docket  so  kept,  what  disposition  was  made  as  to 
fines  and  forfeitures  or  steps  taken  in  each  and  every  case. 

878.  No  suit  or  proceeding,  under  the  laws  or  ordinances 
of  the  city,  shall  be  dismissed  for  any  defect  or  informality  in 
the  complaint,  and  amendments  may  be  allowed  in  all  cases 
upon  such  terms  as  the  magistrate  or  court  shall  deem  just 
and  reasonable. 

879.  If  the  name  of  the  defendant  is  unknown,  he  may  be 
designated  by  any  description  by  which  he  can  with  certainty 
be  identified;  and  if  upon  arrest  he  shall  refuse  to  disclose  his 
true  name,  he  may  be  tried  and  convicted  by  the  designation 
used  in  the  warrant.  But  where  the  true  name  of  any  defend¬ 
ant  is  known  to  the  magistrate,  or  can  be  ascertained  by  him,  it 
shall  be  the  duty  of  such  magistrate  to  place  the  same  upon  his 
docket. 

880.  In  all  cases  of  arrest  made  for  violations  of  any  ordi¬ 
nance  of  this  city,  the  officer  making  the  same,  may,  in  his  dis¬ 
cretion,  take  special  bail  or  security  for  the  appearance  of  the 
person  arrested  at  the  proper  time  and  place;  the  amount  or 
value  of  said  bail  or  security  to  be  at  least  double  the  amount 
of  the  lowest  fine  and  costs  to  which  the  offense  is  liable,  but  in 
no  case  to  be  less  than  ten  dollars.  Provided,  that  if  special 
bail  or  security  be  offered,  it  shall  be  the  duty  of  the  officer 
making  the  arrest  or  having  charge  of  the  person  arrested, 
before  accepting  such  bail  or  security,  to  make  out  and  take 
from  such  person  a  written  waiver  of  service  of  process  and  of 
trial  by  jury,  and  an  entry  of  appearance  before  the  police  mag¬ 
istrate  or  a  justice  of  the  peace  of  the  city,  to  answer  to  the 
offense  with  which  he  may  stand  charged,  and  agreeing  that  the 
court  shall  try  such  cause  at  such  time  as  may  be  fixed  in  such 
written  waiver,  and  if  at  the  time  fixed  said  person  shall  fail  to 
attend  before  the  police  magistrate  or  justice,  the  court  shall 
render  judgment  by  default  for  such  amount  as  shall  be  deemed 
just  and  proper  under  the  evidence  in  the  case;  and  thereupon 
if  such  special  bail  or  security  be  in  money,  the  same  or  so 
much  thereof  as  may  be  necessary  to  satisfy  the  fine  and  costs 
may  be  applied  therefor,  and  the  remainder,  if  any,  be  repaid 
by  the  said  officer;  if  such  special  bail  or  security  be  by  pledge,. 


■220 


CITY  ORDINANCES. 


the  property  pledged  maybe  levied  on  and  sold,  and  the  pro¬ 
ceeds  applied  as  in  the  ca  e  of  other  sales  un-ber  execution;  and 
if  such  special  bail  or  security  be  by  bond,  and  the  fine  and  costs 
be  not  paid  or  satisfied  in  some  other  way,  suit  may  be  brought 
upon  such  bond  against  the  principal  and  his  surety  or  sureties 
to  the  amount  of  the  penalty  of  the  bond,  and  judgment  rend¬ 
ered  by  the  court  for  the  ^arpe  and  all  costs,  or  so  much  of  said 
penalty  as  shall  be  necessary  to  satisfy  the  judgment  and  costs 
against  the  principal  in  such  bond;  and  provided,  further  that 
if  the  person  giving  special  bail  or  security  and  signing  the 
waiver  hereinbefore  provided  for,  shall  appear  at  the  time  and 
place  sot  for  tr  al  that  such  waiver  shall  not  deprive  him  of 
the  right  of  trial  by  jury. 

881.  If  any  person  charged  with  any  offense  under  the 
ordinances  of  the  city  shall,  upon  trial  therefor  be  acquitted, 
and  it  shall  satisfactorily  sppear  to  the  court  that  the  complaint 
or  prosecution  was  instituted  maliciously  or  vexatiously,  and 
without  probable  cause,  judgment  may  be  rendered  against 
complainant  or  prosecuting  witness  for  the  costs  in  the  case, 
and  execution  issued  for  the  collection  of  the  same  out  of  his 
goods  and  chattels. 

882.  That  in  all  ca^es  where  any  person  or  persons  may 
hereafter  be  convicted  of  a  violation  of  any  of  the  ordinances  of 
the  said  city,  the  court  or  magistrate  before  whom  the  convic¬ 
tion  is  had  shall  in  its  or  his  judgment  upon  such  conviction 
order  and  direct  that  the  person  or  persons  so  convicted  shall 
be  committed  to  the  county  jail  or  city  prison  until  such  fine, 
penalty  and  costs  shall  be  fully  paid,  providing  in  such  judgment 
however,  that  no  such  imprisonment  shall  exceed  six  months 
for  any  one  offense. 

883.  That  every  male  person  who  has  been  convicted  as 
above  provided  and  committed  to  prison  in  default  of  payment 
of  any  fine  adjudged  against  him,  may  be  required  to  work  for 
the  city  upon  the  public  streets  under  the  supervision  and  con¬ 
trol  of  the  superintendent  of  streets  of  the  city,  or  at  such  other 
labor  as  may  be  provided  for  such  purpose  by  order  or  resolu¬ 
tion  of  the  city  council,  and  for  such  work  the  convict  so  em¬ 
ployed  shall  be  allowed,  exclusive  of  cost  of  board,  the  sum  of 
fifty  cents  for  each  day’s  work  of  ten  hours  each  on  account  of 
such  fine  and  costs,  provided,  however,  that  if  such  person 
should  fail  or  refuse  to  perform  a  fair  and  reasonable  amount  of 
work  during  the  hours  he  is  so  employed  he  shall  receive  no 
credit  therefor,  and,  provided  further,  that  every  person  who 
when  required  to  work  as  provided  in  this  section  shall  without 
the  consent  of  the  superintendent  of  streets  or  of  the  city  mar- 


CITY  ORDINANCES. 


221 


shall  leave  such  work  and  abscond,  he  shall  be  subject  to  a 
penalty  of  not  less  than  three  and  not  more  than  ten  dollars  for 
each  offense. 

884.  The  police  magistrate  and  each  justice  of  the  peace 
who  may  collect  any  fine  or  fines  fcr  violation  of  the  ordi¬ 
nances  of  the  city  shall  pay  the  same  over  to  the  city  treasurer 
on  or  before  the  first  day  of  the  succeeding  month,  and  shall  on 
the  first  day  of  each  month  make  a  report  to  the  city  clerk, 
showing  the  number  of  cases,  and  their  titles,  commenced 
before  him  in  which  the  city  is  a  party,  during  the  preceding 
month;  such  report  shall  show  in  what  manner  each  and  every 
suit  has  been  disposed  of,  the  amount  of  costs  made  by  each 
party  thereto,  and  the  amouut  of  fines  and  costs  collected  in 
each  case,  with  the  aggregate  amount  collected  by  him  for 
such  month;  and  he  shall  attach  to  such  report  the  treasurer’s 
receipt  for  all  fines  collected  by  him  the  preceding  month. 


CHAPTER  L  II. 

PRISON— CITY. 

885.  The  buildings-  and  enclosures  which  now  are  or  may 
hereafter  be  erected,  situated  upon  the  north  end  of  lot  one  (1) 
block  ten  (10),  Old  Town  Plat  of  the  city,  are  hereby  estab¬ 
lished  as  a  city  prison  for  the  confinement  and  safe  keeping  of 
all  persons  who  may  be  legally  committed  thereto  by  any  police 
magistrate  or  justice  of  the  peace,  or  other  proper  officer,  for 
any  violation  of  the  laws  or  ordinances  of  the  city,  or  for  the 
non  payment  of  any  fine  or  penalty  legally  adjudged  against 
such  persons  by  any  magistrate  or  other  competent  court, 

886.  The  marshal  of  said  city  shall  have  charge  of  and  be 
the  keeper  of  said  prison,  and  under  him  the  sergeant  of  police 
and  other  regular  police  officers  in  the  absence  of  said  marshal 
or  sergeant,  shall  be  keepers  thereof,  And  it  shall  be  the  duty 
of  the  keeper  to  receive  into  said  prison  all  persons  committed 
to  the  same  from  any  police  officer,  police  magistrate,  justice 
of  the  peace  or  other  court  for  any  violation  of  any  ordinance 
of  the  city  or  any  breach  of  the  peace.  The  keeper  shall  treat 
all  persons  committed  to  his  charge  with  kindness  and  human¬ 
ity,  and  shall  not  supply  any  person  in  custody  with  intoxica¬ 
ting  liquors  as  a  beverage,  or  suffer  it  to  be  done  by  others, 
and  shall  not  be  guilty  of  any  lascivious  behavior  or  other 
improper  conduct  toward  any  female  in  his  custody  or  know¬ 
ingly  suffer  or  permit  others  to  t,e  guilty  thereof,  and  he  shall 


222 


CITY  ORDINANCES. 


% 

see  that  each  person  in  his  custody  shall  be  supplied  with  suffi¬ 
cient  and  comfortable  bedding  and  with  proper  food. 

887.  Whatever  expense  may  be  incurred  in  the  keeping  of 
said  city  prison  or  in  the  care  and  board  of  persons  therein 
shall  be  presented  to  the  city  council  from  time  to  time  for 
allowance. 


CHAPTER  LIV. 

RAILROADS. 

888.  No  rai  road  company,  railroad  engineer,  train  con¬ 
ductor  or  other  person,  shall  obstruct  or  impede  any  street, 
alley,  sidewalk,  crossing  or  other  thoroughfare  of  said  city,  by 
stopping  any  train  thereon,  or  by  leaving  any  locomotive, 
engine,  car  or  cars,  thereon  for  a  longer  time  than  ten  consec¬ 
utive  minutes,  under  a  penalty  of  twenty  dollars  for  each 
offense,  and  a  further  penalty  of  ten  dollars  for  each  succeed¬ 
ing  five  minutes  that  the  obstruction  shall  be  allowed  continu¬ 
ously  to  remain,  after  the  first  penalty  is  incurred.  Provided, 
that  whe^e  any  sue  la  obstruction  is  the  result  of  some  unavoid¬ 
able  accident  or  emergency,  beyond  the  control  of  such 
company  or  its  agents,  this  section  shall  not  apply. 

889.  No  railway  company,  or  conductor,  engineer,  or  other 
employe  of  such  company,  managing  or  controlling  any  loco¬ 
motive  engine,  car  or  train  upon  any  railroad  track,  shall  run, 
or  permit  to  be  run  within  the  limits  of  said  city,  any  passenger 
train  of  cars  at  a  greater  rate  of  speed  than  fifteen  miles  an 
hour,  nor  any  freight  train  or  car  at  a  greater  speed  than  ten 
miles  per  hour,  under  a  penalty,  in  either  case,  of  not  less  than 
twenty  dollars,  nor  more  than  one  hundred  dollars. 

890.  The  bell  of  each  locomotive  shall  be  rung  continually 
while  running  upon  any  railroad  track  within  said  city;  and 
every  locomotive  engine,  car  or  train  of  cars,  running  in  the 
night  time  on  any  railroad  track  in  the  city,  shall  have  and 
keep  a  bright  and  conspicuous  light  at  the  forward  end  of  the 
locomotive  engine,  car  or  train  of  cars.  If  such  engine  or 
train  be  backing,  it  shall  have  a  conspicuous  light  at  the  rear  of 
the  engine  or  train,  so  as  to  show  the  direction  in  which  the 
same  is  moving.  Any  railroad  company  or  corporation,  or  any 
agent  or  employe  of  such  company  or  corporation,  who  shall 
violate  or  fail  to  observe  any  of  the  requirements  of  this  sec¬ 
tion,  shall  incur  a  penalty  of  not  less  than  five  dollars  nor  more 
than  one  hundred  dollars  for  each  offense. 


CITY  ORDINANCES. 


223 


891.  No  railroad  engineer,  fireman  or  other  person  shall 
sound  the  whistle  of  any  locomotive  engine  within  this  city 
except  necessary  brake  signals  and  such  as  may  be  absolutely 
necessary  to  avoid  accidents,  nor  shall  any  such  person  cause 
or  permit  the  cylinder  cock  or  cocks  of  any  locomotive  engine 
to  be  open  so  as  to  allow  steam  to  escape  therefrom  at  any 
time  when  the  engine  is  in  immediate  proximity  to  any  street 
or  railroad  crossing  within  said  city  under  a  penalty  of  ten 
dollars  for  each  offense.  Provided,  that  when  such  engine 
shall  be  standing  at  any  such  point  or  crossing  in  the  city,  and 
for  three  revolutions  of  the  drive  wheel  after  being  put  in 
motion  the  said  cylinder  cocks  may  be  opened  for  the  purpose 
of  allowing  condensed  steam  to  escape. 

892  At  all  railroad  crossings  of  streets  in  this  city,  the 
several  railroad  corporations  owning  said  roads  shall  construct 
and  maintain  in  good  repair  and  condition  such  crossings  and 
the  approaches  thereto  within  their  respective  rights  of  way. 
Unless  otherwise  ordered  by  the  city  council  the  track  or  tracks 
at  each  crossing  shall  be  planked  between  the  rails,  and  on  the 
outside  to  the  end  of  the  ties,  and  if  more  than  one  track  be¬ 
tween  the  tracks,  at  least  32  feet  in  length  along  the  line  of  the 
track  or  tracks,  so  as  to  make  a  roadway  for  vehicles  over  each 
track  at  least  32  feet  in  width,  and  whenever  a  sidewalk  reaches 
the  right  of  way,  the  walk  shall  be  continued  across  the  right 
of  way  and  track  or  tracks,  at  least  the  width  of  the  walk. 
The  plank  or  other  material  used  in  all  such  crossings  for 
streets  and  sidewalks,  shall  be  so  la  d  and  so  maintained  and 
kept,  that  the  top  of  the  plank  or  other  material  used  for  such 
crossings,  shall  be  on  a  level  with  the  top  of  the  track  rails, 
and  shall  be  otherwise  constructed  and  maintained  so  that  at 
all  times  they  shall  be  safe  as  to  persons  and  property.  If  any 
such  railroad  company  or  corporation  fail,  neglect  or  refuse  to 
comply  with  any  of  the  above  requirements  of  this  section 
within  30  days  after  written  notice  to  do  so,  given  by  the  super¬ 
intendent  of  streets  or  city  engineer  to  the  nearest  agent  of 
such  railroad  company,  the  city  authorities  shall  forthwith 
cause  such  construction,  alteration  or  repairs  to  be  made,  and 
such  railroad  company  shall  be  holden  for  all  the  necessary 
cost  and  expense  thereof,  and  shall  also  be  subject  to  a  fine  of 
$100  for  such  failure,  refusal  or  neglect. 

893.  It  shall  be  unlawful  f  >r  any  hack,  omnibus  or  other 
vehicle  for  carrying  passengers  or  baggage,  to  have  more  than 
one  runner  or  porter,  on  the  grounds  of  any  railroad  company, 
whose  depot  is  located  within  the  city,  to  solicit  passengers  or 
baggage.  The  proprietor  of  any  hotel,  hack,  omnibus  or  bag¬ 
gage  wagon,  if  engaged  in  soliciting  passengers  or  baggage, 


224 


CITY  ORDINANCES. 


shall  be  considered  a  runner,  and  subject  to  the  following  rules 
and  regulations:  Every  runner  or  porter  is  required  to  wear 
a  metallic  badge  exposed  to  view,  bearing  the  name  of  the 
bouse,  if  any,  and  number  of  the  back,  omnibus,  baggage 
wagon,  or  other  vehicle  be  represents,  and  each  proprietor 
shall  be  responsible  for  the  acts  of  his  runner  or  porter. 

894.  It  shall  be  unlawful  for  any  runner  or  porter  or  other 
person  to  solicit  passengers  or  baggage,  on  the  depot  grounds, 
or  at  any  other  place  than  that  provided  for  such  purposes  by 
the  company  having  control  of  the  grounds. 

895.  Every  vehicle  for  which  passengers  are  solicited  at 
the  depot,  or  on  the  depot  grounds,  shall  have  posted  on  the 
outside  thereof  a  conspicuous  placard  which  must  be  plainly 
visible  from  the  platform  and  which  may  be  easily  seen  and 
read  by  day  or  night  by  any  ordinary  person  at  least  fifteen 
feet  from  the  vehicle,  stating  in  plain  figures  and  letters  the 
rates  charged  for  carrying  passengers,  and  no  passenger  shall 
be  charged  more  than  the  rate  on  said  placard,  and  no  runner 
or  hackman  for  such  vehicle  shall  cry  out  or  otherwise  than  by 
such  placard  announce  the  charges  for  such  service  Nor  shall 
any  hackman  or  runner  solicit  passengers  at  such  depot  in  any¬ 
thing  but  an  ordinary  tone  of  voice. 

896.  Whoever  shall  violate  any  of  the  provisions  of  the 
last  three  preceding  sections  shall  be  subject  to  a  penalty  of 
not  less  than  three  dollars  for  each  offense. 


CHAPTER  LV. 

STREETS  AND  SIDEWALKS. 

897.  Whoever  shall  encumber  or  obstruct  any  street,  alley 
or  sidewalk  with  merchandise,  fuel  or  other  articles  of  prop¬ 
erty  longer  than  necessary  for  the  diligent  removal  of  the 
same,  shall  be  subject  to  a  penalty  of  not  less  than  two  dollars. 

898.  No  person  shall  be  allowed  to  occupy  or  use  for  vaults, 
areas  or  other  purposes  the  space  beneath  the  sidewalks 
included  within  the  sidewalk  lines  of  any  street  in  said  city, 
unless  a  permit  therefor  shall  have  first  been  obtained  from 
the  city  council;  such  permits  to  continue  and  be  issued  only 
upon  the  condition  that  the  party  receiving  the  same  shall,  as  a 
compensation  for  the  privileges  granted  by  said  permit  build, 
maintain  and  keep  in  repair  a  sidewalk  over  such  space  intended 


CITY  ORDINANCES. 


225 


to  be  used  for  vaults,  areas  or  other  purposes;  such  sidewalks 
to  be  of  the  material  and  constructed  in  the  manner  particu  arly 
specified  in  such  permit.  Provided,  however,  that  where  a 
permanent  sidewalk  is  constructed  the  city  council  may  order 
that  the  city  pay  a  portion  of  the  cost  thereof.  Provided,  fur¬ 
ther,  that  the  person  or  persons  obtaining  said  permit  shall 
first  c  mstruct  and  maintain  at  his  own  cost  and  expense  a  per¬ 
manent  base  or  foundation  for  said  sidewalk,  the  materials  and 
construction  <  ;f  said  foundation  or  base  shall  be  under  the  super¬ 
vision  and  subject  to  the  approval  of  the  superintendent  of 
streets  of  said  city. 

899.  Such  permits  shall  specify  in  general  terms  the  pur¬ 
poses  for  which  the  spaces  under  the  sidewalk  shall  be  used, 
and  shall  also  contain  a  condition  that  upon  the  f  ulure  to  con¬ 
struct,  maintain  or  repair  such  sidewalk  in  accordance  with 
any  order  that  may  from  time  to  lime  be  given  by  the  superin¬ 
tendent  of  streets  or  city  council,  the  perm  t  may  be  declared 
annulled,  and  that  all  rights  and  privileges  under  such  permit 
shall  cease  from  the  time  such  per  nit  shall  be  declared 
annulled. 

900.  Every  opening  in  any  vault  or  coal  hole  or  aperture 
in  the  sidewalk  over  said  coal  hole  or  vault,  shall  be  covered 
with  a  substantial  plate  with  a  rough  surface  to  prevent  acci¬ 
dent,  and  the  entire  construction  of  such  holes  and  vaults  shall 
be  subject  to  the  directions  and  supervision  of  the  superintend¬ 
ent  of  streets,  or  such  other  person  as  the  city  council  may 
designate. 

901.  The  owner  and  tenant  of  the  abutting  estate,  in 
front  of  which  the  coal  hole  or  vault  is  thus  permitted  to  be 
constructed,  shall  be  held  responsible  to  the  city  for  any  and 
all  damages  to  persons  or  property  in  consequence  of  any  de¬ 
fect  in  construction  of  such  vault  or  coal  hole  or  aperture 
leading  thereto,  or  by  reason  of  lack  of  repair  of  the  same,  or 
by  reason  of  any  coal  hole  or  aperture  leading  thereto  being 
left  open. 

902.  Whoever  shall  leave  open  any  excavation,  ditch,  hole, 
cellar,  cellar  door,  vault,  well,  cistern,  coal  hole  or  other  open¬ 
ing  upon  or  near  any  street  or  open  g  ound  in  the  city,  wimre 
person's  or  animals  shall  be  liable  to  fall  in  and  suffer  injury, 
without  carefully  and  properly  guarding  the  same,  shall  be 
subject  to  a  penalty  of  not  less  than  five  dollars. 

903.  It  shall  be  the  duty  of  any  person  owning  or  occupy¬ 
ing  any  build  mg,  or  having  the  care  or  control  thereof,  from 
which  water  may  fall  to  the  sidewalk  in  front  thereof,  to  pro¬ 
vide  for  the  escape  of  such  water,  so  it  shall  not  spread  over  the 


2-26 


CITY  ORDINANCES. 


sidewalk.  Whoever  shall  fail  to  make  such  provision  shall  be 
subject  to  a  penalty  of  two  dollars,  and  a  like  penalty  lor  each 
day  he  shall  neglect  after  notice  by  the  superintendent  of 
streets. 

904.  Whoever  shall  obstruct  any  street,  alley  or  street 
crossing  by  unnecessarily  stopping  thereon  with  any  team, 
vehicle,  animal  or  other  thing,  or  leave  any  team,  vehicle,  car, 
wagon  or  animal  in  the  street  or  alley  before  or  beside  any  oc¬ 
cupied  premises  contrary  to  the  wishes  of  the  occupant  thereof 
and  shad  not  immediately  remove  the  same  on  request  of  the 
person  aggrieved,  or  being  the  owner  or  driver  of  any  wagon, 
dr r-y  or  other  vehicle,  shall  make  a  permanent  stand  or  place  of 
stopping  in  front  of  any  premises  without  the  consent  of  the 
owner  or  occupant  thereof,  or  shall  lead,  ride,  or  drive  any 
team  or  beast,  or  drive  or  push  any  sleigh,  carriage,  hand-cart 
or  other  vehicle  over’  or  upon  any  curb  or  curb  stone  or  over 
any  sidewalk  except  at  the  proper  entrances  to  and  from  the 
premises,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 

905.  No  clothing,  goods,  wares,  merchandise,  signs, boxes, 
or  other  article  or  thing  shall  be  placed  in  front  of  any  store, 
shop,  or  other  place  in  said  city,  or  on  or  above  the  sidewalk, 
so  as  to  occupy  more  than  three  feet  next  to  the  buildings  or 
premises  on  such  sidewalk;  and  when  placed  on  the  sidewalk 
such  articles  shall  not  be  more  than  five  feet  high  above  the 
top  of  the  sidewalk,  and  when  placed  or  suspended  above  the 
top  of  the  sidewalk  shall  be  so  placed  or  hung  that  the  lowest 
part  of  such  articles  shall  be  at  least  eight  feet  above  the  top  of 
the  sidewalk,  and  shall  not  swing  more  than  three  feet  from 
the  building  or  boundary  line  of  the  lot. 

906.  Whoever  shall  expose  for  sale  any  fruit,  vegetables, 
notions  or  other  merchandise  or  any  article  or  thing  of  value 
whatever  upon  any  sidewalk,  except  in  front  of  premises  occu¬ 
pied  by  him,  or  in  any  street  or  public  place  without  first 
obtaining  consent  of  the  occupant  of  the  premises  in  front  of 
which  such  display  or  exposure  for  sale  shall  be  made,  and  the 
permit  of  the  mayor,  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars  for  each  offense;  such  permits  from  the 
mayor  may  be  revoked  at  any  time  without  notice. 

907.  Whoever  shall  leave  any  horse  or  mule  or  any  team 
attached  to  any  vehicle  in  any  street,  alley  or  other  uoenclosed 
place  within  said  city  without  the  same  being  securely  fastened 
or  guarded,  or  whoever  shall  leave  any  such  animal  or  vehicle 
fastened  or  guarded  so  that  the  same  will  unnecessarily  inter- 


CITY  ORDINANCES. 


227 


fere  with  traffic  on  such  street  shall  be  subject  to  a  penalty  of 
not  less  than  one  dollar. 

908.  In  all  cases  of  persons  driving  and  meeting  each 
other  in  vehicles,  in  any  street  or  thoroughfare  of  the  city,  each 
person  so  meeting  shall  turn  his  vehicle  to  the  right  of  the 
center  of  the  street,  so  that  each  may  pass  without  interfering 
with  or  accident  to  the  other;  and  every  person  violating  or 
failing  to  comply  with  the  requirements  of  this  section,  shall 
incur  a  penalty  of  not  less  than  one  dollar  nor  more  than  ten 
dollars. 

909.  Whoever  shall  unhitch  any  horse  or  teams  of  any 
kind  or  leave  the  same  unhitched  for  feeding  or  other  purpose 
upon  the  public  square  or  upon  any  of  the  following  streets 

^vithin  the  city  for  the  purpose  of  feeding  or  resting  such  horse 
or  teams,  viz:  Main  stre  et  between  Fifth  avenue  and  Harlem 
avenue;  A  street  and  First  street  between  Fifth  avenue  and 
Boston  avenue;  Second  street  between  Broadway  and  Euclid 
avenue,  and  Broadway  from  the  city  limit  <  on  the  west  to  the 
city  limits  on  the  east;  Second  avenue  from  A  street  to  Eighth 
street  or  whoever  shall  expose  for  sale  any  loads  of  hay  or 
straw  in  the  public  square  shall  be  liable  to  a  penalty  of  not 
less  than  one  dollar  nor  more  than  five  dollars. 

910.  Whoever  shall  ride  any  bicycle  or  velocipede  in  any 
of  the  streets  or  public  places  of  the  city  at  night  between 
twilight  and  daybreak,  without  carrying  a  light,  or  whoever 
shall  ride  a  bicycle  or  velocipede  on  any  sidewalk  or  parking  at 
any  time,  shall  be  subject  to  a  penalty  of  one  dollar. 

911.  Whoever  shall  ride  or  drive  any  horse,  mule  or  other 
domestic  animal,  or  ride  any  bicycle  or  velocipede  in  any  street 
in  the  city  so  rapidly,  immoderately  or  carelessly  as  to  endanger 
or  inconvenience  others,  shall  be  subject  to  a  penalty  of  not  less 
than  three  dollars. 

912.  Whoever  shall  run  or  race  any  horse  by  trotting, 
pacing  or  otherwise  in  any  public  street  road  or  avenue  in  the 
city  or  shall  consent  to  or  suffer  such  racing  to  be  done,  shall  be 
liable  to  a  fine  of  not  less  than  five  dollars  for  each  offense. 

913.  Whoever  shall  drive  any  sleigh  or  other  noiseless 
vehicle  drawn  by  animals  in  any  street  in  the  city  without  a 
bell  attached  1 1  such  vehicle  or  the  harness  with  which  it  is 
drawn,  shall  be  subject  to  a  penalty  of  not  less  than  three 
dollars. 

914.  No  person  in  the  construction  of  any  building  shall, 
without  a  written  permit  from  the  mayor,  encumber  or  obstruct 
any  street,  alley  or  sidewalk  with  building  material  or  other 
thing.  Such  permit  shall  not  include  the  right  to  obstruct 


228 


CITY  ORDINANCES. 


more  than  one-third  of  any  street  or  one-half  of  any  sidewalk, 
or  in  any  manner  to  obstruct  the  free  passage  of  water  in  any 
gutter,  or  to  continue  any  obstruction  of  street  or  sidewalk 
longer  than  is  necessary  in  the  due  prosecution  of  such  work 
of  building.  Nor  shall  such  permit  include  the  right  to  occupy 
such  street  or  sidewalk  with  the  work  of  spliiting  or  dressing 
stone.  All  persons  using  a  street  or  sidewalk  for  the  deposit 
of  material  as  aforesaid  shall  keep  such  material  so  placed  as 
not  unnecessarily  to  interfere  with  the  public  use  of  the  street 
or  sidewalk,  and  shall  protect  the  public  by  suitable  guards 
and  by  the  display  of  red  lights  at  night.  Any  person  perform¬ 
ing  any  act  forbidden  in  this  section,  or  failing  to  comply  with 
any  requirement  made  in  this  section,  shall  be  subject  to  a 
penalty  of  not  less  than  five  dollars  for  each  offense. 

915.  No  person,  not  authorized  by  the  city  council,  or  by 
otdinance,  shall  make  any  excavation  in  any  street,  avenue, 
alley,  sidewalk  or  public  ground,  within  the  city,  without  first 
obtaining  the  permission  of  the  mayor  or  the  superintendent  of 
streets;  and  in  the  case  of  an  excavation  in  any  paved  street, 
avenue  or  alley,  such  permission  shall  be  in  writing.  Whoever 
violates  the  provisions  of  this  section  shall,  upon  conviction,  be 
fined  not  less  than  five  dollars  nor  more  than  fifty  dollars  for 
each  offense:  Provided,  that  this  section  shall  not  apply  to  any 
person  making  an  excavation  for  the  purpose  of  connecting  any 
private  drain  or  sewer,  under  a  written  permit  from  the  city 
engineer  or  other  proper  officer. 

916.  Any  person  making  or  causing  to  be  made  any  exca¬ 
vation  or  ditch  for  any  purpose  in  any  street,  avenue,  alley  or 
sidewalk  shall  without  any  unnecessary  delay  cause  the  same 
to  be  filled  up  to  the  proper  level  of  such  street,  avenue,  alley 
or  sidewalk,  and  in  such  fining  up  shall  tamp  the  earth  so  that 
it  will  be  solid  when  filled  up  and  shall  not  cave  in,  and  the  sur¬ 
face  thereof  when  filled  shall  conform  to  the  proper  level  or 
grade,  and  any  person  taking  up  or  removing  any  part  of  any 
paved  street,  avenue  or  sidewalk  or  any  bridge  or  culvert  for 
any  purpose  or  negligently  breaking  or  injuring  the  same  shall 
without  delay  cause  the  same  to  be  repaired  and  placed  in  the 
same  condition  as  before  the  breaking  and  injury  thereof. 
Whoever  shall  violate  or  fail  to  comply  with  the  requirements 
of  this  section  shall  incur  a  penalty  of  not  less  than  five  nor 
more  than  one  hundred  dollars  and  the  street  superintendent 
shall  forthwith  cause  such  filling  up  or  repairs  to  be  made  and 
c  ompleted  and  the  costs  and  expenses  thereof  may  be  collected 
of  the  person  or  party  whose  duty  it  was  to  do  the  same  and 
recover  by  separate  suit  in  the  name  of  the  city. 


CITY  ORDINANCES. 


229 


917.  All  awnings  hereafter  erected,  and  extending  over 
any  sidewalk  within  that  portion  of  the  city  established  as  the 
“tire  limits,”  shall  be  elevated  at  least  seven  feet  at  the  lowest 
part  thereof  above  the  level  of  the  sidewalk,  and  shall  not  pro¬ 
ject  over  the  sidewalk  to  exceed  two-thirds  of  the  width  thereof. 
The  roof  or  covering  of  all  such  awnings  shall  be  metal  or 
metal  and  glass  or  of  duck,  canvass  or  other  suitable  cloth,  and 
they  shall  be  supported  without  posts  by  iron  brackets,  or  by 
an  iron  or  other  metallic  framework,  attached  firmly  to  the 
building,  so  as  to  leave  the  sidewalk  wholly  unobstructed 
thereby.  Any  person  who  shall  erect  and  maintain  hereafter, 
or  cause  to  be  erected  or  maintained,  any  awning  contrary  to 
the  provisions  of  this  section,  shall  be  subject  to  a  fine  of  not 
less  than  one  dollar  nor  more  than  five  dollars  for  each  offense, 
and  to  a  further  fine  of  one  dollar  for  every  day  he  shall  fail  to 
to  change  or  remove  such  unlawful  awning,  after  written  notice 
to  do  so  by  the  city  marshal  or  any  member  of  the  police  force 
of  said  city. 

918.  Whoever  shall  erect  or  cause  to  be  erected  any 
building,  fence  or  other  structure  upon  the  line  of  any  street, 
avenue  or  alley  of  the  city  without  first  obtaining  the  proper 
line  thereof  from  the  city  engineer,  or  whoever  shall  build  or 
erect  any  barbed  wire,  or  plant  or  grow  any  hedge  fence  within 
five  feet  of  the  line  of  any  public  street,  avenue  or  alley  within 
the  city  shall  incur  a  penalty  of  not  less  than  one  dollar  nor 
exceeding  twenty  dollars. 

919.  Whenever  any  owner  or  occupant  of  any  lot  shall 
cause  or  permit  any  excavation  to  be  made  on  sucji  lot  suffi¬ 
ciently  near  the  street  line  to  endanger  such  street  by  liability 
to  caving  of  the  ground,  it  shall  be  the  duty  of  such  owner  or 
occupant  immediately  to  construct  a  solid  and  substantial  wall, 
sufficient  for  the  protection  of  such  street  from  such  liability. 
Any  person  who  shall  neglect  to  conform  to  the  provisions  of 
this  section  shall  be  held  responsible  for  all  damages  done  to 
the  street,  the  result  of  such  neglect,  and  shall  be  subject  to  a 
penalty  of  not  less  than  ten  dollars. 

920.  The  superintendent  of  streets,  when  it  shall  come  to 
his  knowledge  that  any  person  has  erected  or  caused  to  be 
erected  any  building,  fence  or  other  structure  encroaching  upon 
any  street,  alley  or  sidewalk,  shall  notify  such  person  to  jemove 
the  same,  which  notice  shall  give  a  reasonably  sufficient  time 
to  perform  such  removal.  Any  violation  of  the  provisions  of 
this  section  shall  subject  the  party  offending  to  a  penalty  of  not 
less  than  ten  dollars  for  every  day  he  shall  suffer  the  same  to 
remain  after  such  notice  by  the  superintendent  of  streets  to 
remove  such  structure. 


230 


CITY  ORDINANCES. 


921.  Upon  the  failure  of  the  party  notified  to  remove  any 
obstruction  from  the  streets,  avenues,  alleys  or  public  places  of 
the  city  the  superintendent  of  streets  shall  cause  any  such 
incumbrance,  obstruction,  erection  or  enclosure  in  or  upon  any 
street,  alley  or  sidewalk  to  be  removed,  and  the  costs  of  such 
removal  may  be  collected  from  the  person  causing  such  obstruc¬ 
tion,  with  the  penalty,  or  in  separate  suit,  in  the  name  of  the 
city. 

922.  The  superintendent  of  streets  may,  with  the  approval 
of  the  mayor,  when  any  public  improvement  in  progress  makes 
necessary  the  closing  of  any  street  or  portion  of  street  to  pub¬ 
lic  travel,  fence  or  otherwise  close  such  street,  or  authorize  the 
contractor  performing  the  work  of  such  improvement  so  to  do, 
while  such  necessity  exists.  Any  person  breaking  down  such 
inclosure  or  driving  through  any  street  closed  to  travel  in 
manner  aforesaid,  shall  be  subject  to  a  penalty  of  not  less  than 
three  dollars. 

923.  Any  person  or  personswho  shall  beengaged  in  hauling 
or  drawing  stone,  mortar,  earth,  ashes,  manure,  shavings,  gar¬ 
bage  or  rubbish  in  or  through  the  streets'  or  avenues  of  said  city 
shall  draw  or  carry  the  same  in  tight  boxes  or  dump  beds  or 
barrels,  and  when  drawing  or  carrying  any  of  the  aforesaid 
articles  in  case  the  same  fall  into  the  street  or  be  scattered  in 
any  street  or  alley,  shall  cause  the  same  to  be  forthwith  taken 
up  and  removed,  and  for  any  violation  of  any  of  the  provisions 
of  this  section,  he  or  they  shall  incur  a  penalty  of  not  less  than 
one  dollar  nor  more  than  ten  dollars  for  each  offense:  Provided 
that  in  hauling  dimension  stone  and  ice  no  tight  box  shall  be 
required. 

924.  It  shall  be  unlawful  for  any  person  at  any  time  to 
drive  or  permit  to  be  driven  over  any  of  the  streets  or  public 
grounds  of  the  city  any  wagon  or  vehicle  which  with  the  load 
thereon  weighs  over  4,500  pounds,  and  not  more  than  8,000 
pounds,  and  the  tires  of  which  are  less  than  three  inches  wide, 
or  any  wTagon  or  vehicle  which  with  the  load  thereon  weighs 
over  8,000  pounds  and  the  tires  of  which  are  less  than  four 
inches  wide.  And  whenever  any  city  officer  may  see  any  loaded 
wagon  or  vehicle  driven  on  the  streets  or  public  grounds  of  the 
city  which  may  appear  to  him  to  be  loaded  or  driven  in  viola¬ 
tion  of  this  section,  he  shall  cause  such  wagon  and  such  load  to 
be  driven  to  the  city  scales  where  the  same  shall  be  weighed 
without  charge.  Whoever  is  guilty  of  a  violation  of  this  sec¬ 
tion,  or  whoever  shall  fail  or  refuse  to  allow  his  wagon  and 
load  to  be  weighed  when  requested  or  directed  to  do  so  by  any 
city  officer,  shall  be  liable  to  a  fine  of  not  less  than  fiye  nor 
more  than  one  hundred  dollars. 


CITY  ORDINANCES. 


231 


925.  Whoever  shall  place,  throw  or  leave,  or  shall  cause 
to  be  placed,  thrown  or  left,  any  obstruction  or  incumbrance  in 
or  upon  any  street,  avenue  or  alley,  or  public  place  except  as 
authorized  by  ordinance,  shall  be  liable  to  a  tine  of  not  less 
than  three  dollars  nor  more  than  twenty  dollars,  and  to  a  fur¬ 
ther  fine  of  one  dollar  for  every  two  hours  that  he  shall  not 
remove  such  obstruction  or  incumbrance  after  being  notified  to 
do  so  by  the  superintendent  of  streets  or  any  member  of  the 
police  force. 

926.  The  superintendent  of  streets  is  duly  authorized  and 
it  is  made  his  duty  to  order  any  article  or  thing  whatsoever 
which  may  encumber  or  obstruct  any  street,  alley,  sidewalk  or 
other  public  place  in  said  city,  to  be  removed;  if  such  article  or 
thing  shall  not  be  removed  within  twenty-four  hours  after  such 
order  shall  have  been  made  and  given  to  the  person  in  charge 
thereof,  or  to  the  person  who  caused  the  same,  as  the  case  may 
be,  or  if  the  person  in  charge  thereof  cannot  readily  be  found, 
or  if  no  person  be  in  charge  thereof,  the  superintendent  of 
streets  shall  cause  the  same  to  be  removed  to  some  suitable 
place;  and  the  owner  of  any  such  article  or  thing  so  removed, 
or  the  person  causing  the  same,  as  the  case  may  be,  shall  pay 
to  said  city  all  the  costs  and  expenses  of  such  removal. 

927.  All  shade  or  ornamental  trees  hereafter  to  be  set 
along  any  street  shall  be  planted  not  less  than  eight  feet  from 
the  front  line  of  the  lots.  Whoever  shall  plant  any  tree  con¬ 
trary  to  this  section  shall  be  subject  to  a  penalty  of  one  dollar 
for  each  tree  so  planted,  together  with  the  costs  of  the  removal 
thereof,  and  the  superintendent  of  streets  shall  cause  such 
trees,  to  be  removed. 

928.  No  person  shall  hold  a  public  auction  in  the  streets  of 
this  city  without  a  special  written  permit  from  the  mayor.  Any 
person  violating  the  provisions  of  this  section  shall,  on  convic¬ 
tion  thereof,  pay  a  fine  of  not  less  than  live  dollars  for  each 
offense. 

929.  No  gate  opening  upon  any  public  street  shall  swing 
over  or  above  any  sidewalk,  unless  such  gate  shall  be  so  con¬ 
structed  as  to  be  self-closing.  Any  gate  not  conforming  to  the 
provisions  of  this  section  shall  be  declared  a  nuisance,  and  who¬ 
ever  shall  erect,  keep  or  maintain  such  gate  shall  be  subject  to 
a  penalty  of  hot  less  than  three  dollars. 

930.  Whoever  shall  ride,  drive  or  lead  any  horse,  mule,  ass 
or  cow  or  any  other  such  animal  in  or  through  any  of  the  pub¬ 
lic  parks  or  i  arkways  in  the  city  or  in  or  through  any  of  the 
public  grounds  enclosed  in  the  public  square  or  about  the  court 
house  or  the  public  grounds  about  the  school  houses  or  water 


232 


CITY  ORDINANCES. 


works,  or  whoever  shall  hitch  any  such  animal  to  any  shade 
tree  or  to  any  fence  without  consent  of  the  owner  shall  be  sub¬ 
ject  to  a  fine  for  each  offense  of  not  less  than  two  dollars. 

931.  That  with  the  consent  and  approval  of  the  city 
engineer  and  superintendent  of  streets,  parkways  may  be 
established  and  fixed  along  the  several  s  reets  and  avenues  of 
said  city  in  front  of  properties  owned  or  occupied,  provided 
that  the  total  width  of  the  parkway  and  sidewalk  on  either  side 
of  the  street  shall  not  exceed  one-fourth  the  width  of  the 
street  on  which  located. 

932.  The  fire  department  of  the  city  shall  have  the  exclu¬ 
sive  right  of  way  of  any  and  all  streets  at  the  time  of  any  fire 
or  alarm  of  fire  for  going  to  such  fire  with  any  wagon,  engine, 
truck  or  vehicle  to  be  used  in  or  about  the  business  of  extin¬ 
guishing  fires,  and  on  all  other  times  and  occasions  the  police 
patrol  wagon  shall  have 'the  right  of  way  of  any  and  all  streets, 
and  any  person  or  p  rsons  failing  to  yield  such  right  of  way  or 
wilfully  obstructing  any  such  tire  department  vehicle  or  patrol 
wagon,  shall  be  subject  to  a  penalty  of  not  less  than  two 
dollars. 


CHAPTER  LIX. 

SUPPLIES. 

933.  It  shall  be  the  duty  of  the  clerk  to  advertise  in  some 
daily  paper  published  in  the  city,  to  be  named  by  the  council, 
for  proposals  to  do  the  advertising  of  the  city,  and  for  furnish¬ 
ing  the  stationery,  blanks,  paper,  fuel,  feed  and  other  regular 
supplies  needed  by  the  city  or  the  officers  thereof.  The  adver¬ 
tisement  for  proposals  to  do  such  advertising  and  furnish  such 
supples  shall  be  published  by  making  three  insertions  in 
such  paper,  the  first  of  which  shall  be  on  or  before  the  15th  day 
of  April  of  each  year,  and  the  bids  shall  be  for  the  term  of  the 
coming  fiscal  year,  and  shall  be  filed  with  the  clerk  on  or  before 
B  o’clock  p.  m.  of  the  first  Monday  of  May  of  each  year. 

934.  The  proposal  for  advertising  shall  state  the  price  per 
inch  in  length,  for  a  column  at  least  two  and  one-eighth  (or  thir¬ 
teen  ems  pica)  in  width,  for  the  whole  time  the  advertisement 
may  be  legally  required  to  be  published,  and  the  contractor 
shall  not  be  allowed  to  charge  for  any  additional  insertion  con¬ 
sequent  upon  his  neglect  or  mistake.  The  bids  for  stationery, 
blanks  and  paper  shall  be  according  to  specifications  to  be  de- 


CITY  ORDINANCES. 


233 


termined  by  the  council,  and  may  be  let  separate  from  the 
advertising.  The  bids  for  fuel  and  feed  may  also  be  made  and 
let  separate. 


CHAPTER  LVII. 

WARRANTS. 

935.  That  whenever  there  is  no  money  in  the  treasury  of 
the  city  in  any  department  to  meet  and  defray  the  ordinary 
and  necessary  expenses  thereof,  it  shall  be  lawful  for  the  prop¬ 
er  authorities  of  the  city  to  draw  and  issue  warrants  against 
and  in  anticipation  of  the  collection  of  the  taxes  already  levied 
by  said  authorities  for  the  payment  of  the  ordinary  and  neces¬ 
sary  expenses  of  the  city  to  the  extent  of  seventy-five  pei  cent, 
of  the  sum  appropriated  and  levied  for  such  respective  fund, 
which  said  warrants  shall  show  upon  their  face  that  they  are 
payable  solely  from  said  taxes  when  collected,  and  not  other 
wise,  and  shall  be  received  by  any  collector  of  taxes  in  payment 
of  the  taxes  against  which  they  are  issued  and  which  taxes 
against  which  said  warrants  are  drawn  shall  be  set  apart  and 
held  for  their  payment. 


CHAPTER  LVIII. 

WATER  DEPARTMENT,  RUEES  AND  REGULATIONS. 

936.  That  the  rules,  regulations  and  water  rates  herein¬ 
after  named  shall  be  considered  a  part  of  the  contract  with 
every  person,  company  or  corporation  who  are  supplied  with 
water  through  the  water  system  of  the  city;  and  every  such 
person,  company  or  corporation  shall  be  considered  to 
express  his  or  their  assent  to  be  bound  thereby;  and 
whenever  any  of  them  are  violated,  or  such  others  as 
the  city  council  may  hereafter  adopt,  the  wafer  shall 
be  cut  off  from  the  building  or  place  of  such  violation 
although  two  or  more  parties  may  receive  water  through  the 
same  pipe,  and  shall  not  be  let  on  again  except  by  order  of  the 
city  collector  and  water  superintendent,  and  on  payment  of  the 
expense  of  shutting  it  off  and  turning  it  on,  and  such  other 
terms  as  the  following  rules  and  regulations  set  forth,  and  a 
satisfactory  understanding  with  the  party  or  parties  that  no 
further  cause  of  complaint  shall  arise;  and  in  case  of  such  vio- 


234 


CITY  ORDINANCES* 


lation,  the  city  collector  and  water  superintendent  shall  have 
the  right  to  declare  any  payment  made  for  the  water  by  the 
person  committing  such  violation  to  be  forfeited,  and  the  same 
shall  thereupon  be  forfeited. 

937.  No  person,  company  or  corporation  shall  be  permit¬ 
ted  to  tap,  or  make  any  connection  wTith  the  distributing  pipes 
of  the  water  works  of  the  city,  unless  duly  authorized  by  the 
city  collector. 

938.  All  persons  desiring  such  connection  must  first  make 
written  application  to  the  city  collector  and  with  such  applica¬ 
tion  shall  deposit  the  sum  of  $13.00  as  an  advance  payment  of 
the  water  taxes  upon  the  premises  mentioned  in  said  applica¬ 
tion.  Thereupon  such  person  or  persons  shall  be  entitled  to  a 
permit  authorizing  the  water  superintendent  to  lay  suitable 
water  pipe  to  the  curb  stone  or  to  a  point  six  feet  from  the  line 
of  the  street  where  there  shall  be  a  stopcock  and  an  iron  cut¬ 
off  box  attached.  The  pipe  to  be  laid  to  be  not  larger  than 
three-fouri  hs  inch  in  diameter.  The  city  collector  shall  place  to 
the  credit  of  the  person  or  persons  making  such  application 
the  amount  so  deposited  by  him  or  them,  and  no  water  tax  or 
license  shall  be  charged  such  person  or  persons  for  the  premises 
named  in  said  application  during  the  period  covered  by  such 
advance  payment,  provided  that  no  allowance  will  be  made  for 
any  time  in  which  the  water  shall  not  be  used,  and  provided 
further  that  where  a  service  larger  than  three-fourths  inch  is 
desired  the  amount  so  deposited  shall  be  increased  to  cover  the 
increased  cost  of  the  service. 

939.  No  service,  connection  or  other  attachment  to  any  of 
the  water  mains  shall  be  made  except  by  brass  ferule  or  lead 
pipe  up  to  one  inch  in  diameter.  In  no  case  will  lead  pipe  be  al¬ 
lowed  either  in  the  service  pipe  or  interior  plumbing  weighing 
less  per  foot  than  as  follows: 

Lead  pipe  f  in.  ex.  strong,  2  lbs.  per  foot. 

Lead  pipe  \  in.  ex.  strong,  2  lb.  8  oz.  per  ft. 

Lead  pipe  f  in.  ex.  strong,  3  lbs.  per  ft. 

Lead  pipe  f  in.  ex.  strong,  3  lbs.  8  oz.  per  ft. 

Lead  pipe  1  in  ex.  strong,  4  lbs.  12  oz.  per  ft. 

Lead  pipe  H  in-  ex.  strong,  7  lbs.  9  oz.  per  ft. 

All  joints  in  lead  pipe  shall  be  wipe  joints. 

940.  All  lead  pipe  must  be  laid  sufliciently  waving  to  allow 
of  one  and  one-half  feet  extra  length,  and  in  such  manner  as  to 
prevent  rupture  by  settlement. 

941-  A  4  inch  main  shall  receive  no  larger  than  a  f  tap;  a 
6- inch  main  no  larger  than  a  i  tap;  no  tap  larger  than  one  inch 


CITY  ORDINANCES. 


235 


shall  be  inserted  in  any  main  larger  than  above;  where  larger 
connections  are  desired  two  or  more  small  taps  shall  be  used. 
All  taps  in  mains  shall  be  at  least  twenty  four  inches  apart  and 
on  opposite  sides  of  the  pipe  No  main  shall  be  tapped  nearer 
than  6  inches  to  the  joint  The  brass  ferule  or  nipple  tapped 
into  the  main  shall  be  one-eighth  of  an  inch  smaller  than  the 
service  pipe  therefrom. 

942.  There  shall  be  a  stop  and  waste  cock  attached  to 
every  supply  pipe  at  the  point  where  it  enters  the  building,  in¬ 
side  the  same,  so  as  to  admit  of  the  water  being  shut  off  in 
frosty  weather  and  the  pipes  being  emptied. 

943.  Where  service  pipes  are  intended  to  supply  two  or 
more  distinct  premises  or  tenements  a  separate  service  cock 
shall  be  used  for  each  tenement  or  premises  and  the  applica¬ 
tions  must  be  made  by  the  person  or  persons  controlling  all  of 
said  premises  or  tenements 

944  No  addition  or  alteration  whatever  of  any  tap  pipe  or 
water  cock  or  other  fixtures  shall  be  made  or  caused  to  be  made 
by  any  person  taking  water  except  through  a  duly  licensed 
plumper  and  a  perm  t  in  writing  first  obtained  from  the  city 
collector 

945.  Persons  taking  water  must  keep  their  service  pipe 
and  all  fixtures  connected  therewith  in  good  repair  and  pro¬ 
tected  from  frost  at  their  own  expense,  and  must  prevent  all 
wastage  of  water.  Hydrants,  taps,  hose,  water  closets,  baths 
or  other  fixtures,  will  not  be  permitted  to  be  kept  running  when 
not  in  actual  use.  The  water  will  not  be.  be  turned  on  to  any 
premises  having  wasteful  or  improper  fittings. 

946.  The  application  for  wTater  must  be  made  to  the  city 
collector  upon  blanks  furnished  by  the  city  therefor,  and  must 
state  fully  all  purposes  for  which  water  is  required.  Consum¬ 
ers  must  answer  without  concealment  all  questions  put  to  them 
by  the  city  collector  or  water  works  superintendent  relative  to 
water  consumption  and  in  case  of  any  fraudulent  representa¬ 
tion  on  the  part  of  the  consumer  payment  will  be  -forfeited  and 
the  supply  of  water  stopped.  The  city  collector  shall  at  once 
make  a  record  of  such  application  in  a  book  kept  by  him  for  that 
purpose  and  shall  then  file  such  application  in  his  office. 

947.  No  person  in  the  possession  or  occupancy  of  premises 
having  city  water  service  connection  shall  supply  or  suffer  any 
other  person  or  family  not  living  in  or  upon  the  same  premises, 
to  use  or  take  water  therefrom,  except  for  drinking  on  the 
premises,  unless  a  permit  for  such  use  shall  first  be  granted  to 
such  person  or  family  by  the  city  collector.  Contracts  or  leases 
may  be  transferred  by  parties  desiring  to  vacate  premises  to 


236 


CITY  ORDINANCES. 


other  parties  about  to  occupy  the  same,  but  the  city  will  not  re¬ 
fund  for  any  unexpired  water  leases  under  any  circumstances 

948.  No  claim  shall  be  made  against  the  city  by  reason  of 
the  breaking  of  any  main  pipe,  service  pipe,  or  cock,  or  for  any 
other  interruption  of  the  supply,  or  by  reason  of  the  breaking 
of  machinery,  or  stoppage  for  necessary  repairs  unless  the 
delay  exceeds  10  days,  and  no  deduction  will  be  made  for  any 
time  that  private  water  pipes  may  be  frozen. 

949.  Plumbers  are  strictly  forbidden  from  turning  the 
water  into  any  service  pipe  except  upon  the  order  or  permission 
of  the  city  collector  or  water  works  superintendent,  unless  it  be 
for  testing  the  pipes. 

950.  Parties  desiring  water  for  cisterns,  or  other  inter¬ 
mittent  supply,  will  be  charged  regular  rates  as  per  schedule, 
or  they  may  furnish  at  their  own  expense  a  water  meter  of  an 
approved  pattern  and  pay  the  regular  meter  rates. 

951.  Consumers  of  water  shall,  at  all  reasonable  hours, 
permit  the  city  collector  or  water  works  superintendent  to  enter 
their  premises  and  examine  the  manner  in  which  the  water  is 
used,  and  in  case  they  find  that  the  water  is  wasted  on  account  of 
negligence  or  for  want  of  repairs  they  shall  leave  notice  thereof, 
and  if  such  waste  is  not  remedied  within  twenty-four  hours 
thereafter,  or  time  extended  by  special  agreement,  the  water 
shall  be  cut  off  and  shall  not  be  turned  on  again  until  the  sum  of 
two  dollars  has  been  paid  to  the  city  collector,  such  amount  to 
go  to  the  credit  of  the  water  works  fund. 

952.  In  case  of  fire  or  alarm  of  fire  during  the  hours  in 
which  sprinkling  is  permitted,  any  person  then  using  water  for 
sprinkling  shall  at  once  shut  off  the  water  and  cease  such 
sprinkling  until  it  shall  be  ascertained  that  such  fire  has  been 
extinguished  or  that  such  alarm  has  been  false;  nor  shall  any 
person  draw  water  for  lawn  or  street  sprinkling  after  an  alarm 
of  fire  until  such  fire  shall  be  extinguished,  or  until  it  is  known 
that  the  alarm  was  false. 

953.  In  sprinkling  streets  each  water  taker  must  confine 
himself  to  the  exact  frontage  paid  for,  and  to  one-half  the  width 
of  the  street  in  front  thereof.  Persons  engaged  in  sprinkling 
streets  with  a  sprinkling  cart,  by  agreement  with  citizens 
therefor  shall  be  permitted  the  use  of  water  for  street  sprink¬ 
ling  purposes  only  at  schedule  rates,  but  said  city  reserves  to 
itself  the  right  to  discontinue  such  water  supply  whenever  the 
public  exigencies  require  the  same;  and  also  the  right  to  exer¬ 
cise  such  supervision,  over  such  street  sprinklers  as  will  pre¬ 
vent  unnecessary  waste  of  water  or  injury  to  streets  from 
excessive  sprinkling. 


CITY  ORDINANCES. 


237 


954.  Hose  larger  than  three-fourths  of  an  inch  will  not  be 
allowed,  except  upon  an  additional  charge  therefor;  and  using 
hose  without  a  nozzle  or  with  a  larger  opening  than  one-fourth 
of  an  inch,  is  forbidden.  For  washing  buggies  and  carriages 
one-eighth  of  an  inch  opening  only  is  permitted.  Leaky  hose 
attachments  suffering  the  water  to  run  to  waste  when  not  in 
use  or  using  the  same  for  purposes  not  included  in  the  permit, 
are  all  strictly  prohibited.  Adjusting  hose  upon  temporary  or 
lixed  supports,  or  devices  of  any  kind,  arranged  to  sprinkle 
automatically  for  the  purpose  of  cooling  walls,  or  atmosphere, 
etc.,  will  be  regarded  as  fountains  and  will  be  subject  to  the 
rates  for  such. 

955.  If  proprietors  of  manufactories,  lumber  yards,  halls, 
stores,  elevators,  warehouses,  hotels  or  public  buildings,  being 
regular  consumers  of  water  from  the  works,  wish  to  lay  large 
pipes  with  hydrants  and  hose  couplings  to  be  used  only  in  case 
of  fire,  they  will  be  permitted  to  connect  with  the  street  mains 
at  their  own  expense  upon  application  to  the  city  collector  or 
water  works  superintendent,  and  under  their  or  his  direction, 
and  will  be  allowed  the  use  of  water  for  fire  purposes  only,  free 
of  charge,  but  all  such  pipes  must  be  provided  with  a  suitable 
valve  which  must  be  sealed  by  the  city  collector  or  superintend¬ 
ent  of  water  works,  and  a  stop  and  waste  cock  attached  at  the 
bottom  on  inside  of  building.  v  In  case  the  seal  is  broken  for  the 
extinguishment  of  fire,  the  party  shall  immediately  give  notice 
to  the  city  collector  or  water  works  superintendent,  and  in  case 
such  seal  shall  have  been  broken  for  any  other  purpose  the 
party  so  offending  shall  be  fined  the  sum  of  twenty-five  dollars. 

956.  The  tapper  shall  be  appointed  by  the  mayor  by  and 
with  the  advice  of  the  city  council  for  the  term  of  one  year,  or 
until  his  successor  shall  be  appointed.  At  the  time  of  receiving 
the  appointment,  the  tapper  shall  execute  and  deposit  in  the 
office  of  the  city  clerk  a  bond,  with  one  or  more  sureties  to  be 
approved  by  the  city  council  in  the  sum  of  five  hundred  dollars, 
that  he  will  indemnify  and  save  harmless  the  city  of  and  from 
all  damages  caused  by  any  careless  or  improper  work  done  by 
him  in  connection  with  tapping  and  inserting  corporation 
cut-offs.  The  tapper  shall  be  held  responsible  to  the  city  for  any 
damage  done  by  him  in  tapping  mains,  or  withdrawing  taps, 
either  to  the  pipe  or  to  the  stop  cocks,  or  tapping  machine.  He 
shall  pay  for  all  stop  cocks  damaged  by  careless  or  improper 
work,  and  shall  promptly  execute  the  work  of  tapping  when 
called  upon.  Within  twenty-four  hours  after  completing  any 
attachment,  or  connection,  the  plumber  shall  make  a  true  re¬ 
port  upon  blanks  for  that  purpose,  to  the  city  collector  of  the 
number  of  rooms,  water  closets,  bath  tubs  and  other  fixtures 


238 


CITY  ORDINANCES. 


used  on  the  premises  and  ail  the  contemplated  use  of  water 
therein  and  the  location  and  length  of  the  service  pipe,  accord¬ 
ing  to  the  rules  and  regulations,  as  the  water  will  not  be  turned 
on  to  any  premises  until  complete  returns  are  so  made. 

957.  The  annual  water  rates  or  taxes  which  shall  be  paid 
by  every  person  using  water  of  the  city  water  works  shall  be 
as  follows,  to- wit:  For 

Armories -  - $  10  00 

Bath  tubs,  private -  2  50 

Bath  tubs,  public,  each -  -  6  00 

Bath  tubs,  hotel  and  boarding  house,  each _  6  00 

Boarding  houses,  per  room - «. -  1  00 

Barber  shops,  one  chair - - -  3  00 

Barber  shops,  each  additional  chair _  2  00 

Billiard  rooms,  for  drinking  and  scrubbing  exclusively 

each  table - 2  00 

Bowling  Alleys -  5  00 

Building  purposes,  for  1,000  brick,  mason’s  measure¬ 
ment^ -  15 

Building  purposes,  plastering  for  100  yards,  plasterer’s 

measurement _  30 

Building  purposes,  laying  stone,  per  perch _ _  04 

Banks - - - 6  00 

Blacksmith  shops,  one  tire - 3  00 

Blacksmith  shops,  each  additional  fire _ _  1  50 

Cigar  manufactories,  six  men  or  less _  5  00 

Cigar  manufactories,  each  additional  man _  25 

Cisterns  tilled,  100  barrels  or  less - $2.00  to  5  00 

Churches  —  -  1  1  00 

Carriage  shops,  five  persons  or  less  - , - _  5  00 

Carriage  shops,  each  additional  person _  25 

Carriage  shop,  extra  fires,  (see  blacksmith  shop). 

Club  rooms -  6  00 

Dental  offices -  5  00 

Fountains,  for  a  season  not  to  exceed  7  months  and  to 
be  used  not  to  exceed  10  hours  per  day — 

Fountains,  1-16  inch  orifice - - 8  00 

Fountains,  1-8  inch  orifice - 15  00 

Fountains,  3-16  inch  orifice -  30  00 

Fountains,  1-4  inch  orifice -  50  00 

Fountains,  1-2  inch  orifice -  100  00 

Fountains,  vegetable -  4  00 

Houses,  six  rooms  or  less _ _ 5  00 

Houses,  each  additional  room _  25 

Houses,  each  additional  family  . _ _ _  4  00 


CITY  ORDINANCES.  239 

Houses,  six  rooms  or  less,  with  sprinkling,  66  feet  or 

less,  from  yard  hydrant  or  sill  cock _  7  50 

Houses,  each  additional  hose -  2  50 

Houses,  each  additional  front  foot _  03 

'  i 

Houses,  using  water  from  neighbor’s  fixtures,  per 

quarter,  $1.25,  per  year _  5  00 

Hotels,  per  room _ _ _ _ _  1  00 

Lodging  and  boarding  houses,  six  rooms  or  less,  per 

room _ _  1  00 

Lodging  or  boarding  houses,  each  additional  room _  25 

Offices  with  wash  basin,  occupied  by  not  more  than  two 

persons _  3  00 

Offices,  each  additional  person _  1  00 

Public  Libraries _  1  00 

Photograph  galleries _ _  10  00 

Printing  offices  (horse  boilers  extra) _  6  00 

Stores  for  the  sale  of  goods  (except  liquors,  milk  or 

drugs,  22  ft.  front  or  less) _ _ _  6  00 

Stores,  each  additional  foot  frontage _  10 

Saloons,  for  bar  purposes _  _  20  00 

Stables,  private,  one  horse  and  buggy  washing _  2  00 

Stables,  private,  each  additional  horse  or  cow  .  1 _  1  00 

Schools,  public _  1  00 

Schools,  private,  seminaries  and  colleges,  special  or 
meter  rates. 

Sprinkling  carts,  per  wagon  per  month _  20  00 

Steam  boilers  for  heating  (22  feet  front  or  less)  per 

floor _  _ _ _  _  _  1  00 

Stands  for  polishing  marble _ 5  00 

Urinals,  self-closing _  3  00 

Urinals,  for  hotels,  boarding  houses,  club  rooms  (using 

£  inch  jet) _  5  00 

Urinals,  same,  self-closing _ 3  00 

Urinal  for  store,  banks  and  offices,  self-closing _  2  00 

Urinals,  private  houses _ _  1  00 

Work  shop,  10  persons  or  less _  3  00 

Work  shop,  each  additional  person _  25 

Water  closets,  private  dwellings _ _  3  50 

Water  closets,  public,  each  bowl _  6  00 

Wash  bowls,  stationary _ _ L _  1  00 

Yard  sprinkling,  66  feet  front  or  less,  166  feet  deep  or 
less,  with  nozzle  not  over  \  inch  in  diameter,  for 
a  season  from  April  1st  to  November  1st,  from  a 

street  washer  _ i _  4  00 

Yard  sprinkling  if  yard  hydrant  is  used,  house  rates 
will  be  charged. 


240 


CITY  ORDINANCES. 


Yard  sprinkling,  each  additional  front  foot 


05 


When  two  or  more  dwellings  are  constructed  upon  one 
lot,  supplied  with  a  yard  hydrant,  all  the  dwellings  on  such  lot 
must  be  included  at  the  regular  rates  in  the  collection  of  water 
rent  upon  such  hydrant,  and  in  construing  the  foregoing  water 
rates  the  rates  for  bath  tubs,  water  closets  and  urinals  shall 
not  be  deemed  to  be  included  in  the  rates  for  the  buildings 
wherein  the  same  are  situated.  And  all  persons  using  any 
hydrant  or  hose  pipe  connected  with  the  city  water  works,  for 
the  purpose  of  sprinkling  streets,  sidewalks  and  lots  within 
said  city,  shall  use,  or  suffer  the  same  to  be  used  for  two  hours 
per  day  only,  between  the  hours  of  6  and  7  in  the  morning  and 
the  hours  of  6  and  7  in  the  evening,  unless  by  special  permit  in 
writing  therefor  signed  by  the  superintendent  of  water  works. 
Provided,  that  all  the  water  rates,  taxes  and  assessments  pro¬ 
vided  for  in  this  section  shall  be  paid  quarterly  in  advance,  on 
the  first  day  of  April,  July,  October  and  January  of  each  year; 
one-  fourth  the  said  annual  assessments  being  due  for  each 
quarter. 


958.  All  manufacturing  and  other  establishments  requir¬ 
ing  a  large  supply  of  water,  and  livery  stables,  bakeries,  bot¬ 
tling  works,  butcher  shops,  candy  factories,  dye  houses,  Junch 
counters,  drugstores,  soda  fountains,  gas  works,  gymnasiums, 
halls  and  theaters,  laundries,  race  tracks  and  fair  grounds, 
restaurants,  railroads,  steam  boilers,  urinals  and  water  closets 
for  stores,  banks  and  offices,  water  troughs  and  all  water 
power  motors  shall  be  required  to  use  a  meter,  and  meters  may 
be  used  in  other  cases  for  other  property.  The  premi-es  sup¬ 
plied  through  meters  or  other  equivalents  shall  be  assessed  on 


consumption 

as 

follows: 

1st 

10,000 

© 

35c— 

$  3.50 

for 

10,000. 

2d 

10,000 

© 

30c— 

6.50 

for 

20,000. 

3d 

10,000 

© 

25c— 

9.00 

for 

30,000 

4th 

10,000 

© 

20c— 

11.00 

for 

40,000. 

5  th 

10,000 

© 

15c— 

12.50 

for 

50,000. 

6th 

10,000 

© 

10c— 

13.50 

for 

60,000. 

7th 

10,000 

© 

10c— 

14.50 

for 

70,000. 

8th 

10,000 

© 

10c— 

15.50 

for 

80,000. 

9th 

10,000 

© 

10c— 

16.50 

for 

90,000. 

10th 

10,000 

© 

10c — 

17.50 

for 

100,000. 

11th 

10,000 

© 

10c— 

18.50 

for 

110,000. 

12  th 

10,000 

© 

10c— 

19.50 

for 

120,000. 

13  th 

10,000 

© 

l(c — 

20.50 

for 

130, COO. 

14  th 

10,000 

© 

10c — 

21.50 

for 

140, 0C  0. 

15th 

10,000 

@ 

10c — 

22.50 

for 

150,000. 

CITY  ORDINANCES. 


241 


16th  10.000 9c- 
17th  10,000  @  8c- 

18th  10,000  @  7c- 

19th  10,000  @  6c- 

20th  10,000  @  5c- 


23.40  for  160, 0C0. 
24.20  for  170,000. 
24.90  for  180,000. 
25.50  lor  190,000. 
26.00  for  200,000. 


5c  per  1,000  gallons  for  all  over  200,000, 


payable  monthly:  Provided,  that  all  bills  for  water  furnished 
at  meter  rates  shall  be  subject  to  the  following  discount  if 
paid  on  or  before  the  10th  day  of  the  succeeding  month,  to-wit: 

2,000  to  10,000  gallons,  10  ceuts  on  each  1,000  gallons. 

10,000  to  20,000  gallons,  8  cents  on  each  1,000  gallons 

20,000  to  30,000  gallons,  5  cents  on  each  1,(00  gallons. 

30,000  to  40,000  gallons,  2  cents  on  each  1,000  gallons. 

and,  provided  further,  that  a  minimum  rate  of  fifty  cents  per 
month,  is  hereby  fixed  for  all  premises  where  meters  are 
located,  and  bills  for  said  amount  will  be  rendered  each  month, 
when  bills  computed  at  me'er  rates  would  be  less.  The  tccu- 
pants  of  all  premises  where  meters  are  located  shall  see  that 
at  no  time  obstructions  are  placed  on  or  around  the  meter 
in  such  a  way  as  to  prevent  access  to  thfe  meter  for  the  purpose 
of  reading,  inspecting  or  taking  the  same  out  for  repairs;  and 
at  such  premises  where  such  obstruction  may  be  found  the 
water  shall  be  shut  off  until  such  obstructions  are  removed. 
And  provided  further,  that  whenever  a  meter  shall  be  applied 
for,  the  party  desiring  the  same  or  for  whose  use  it  is  to  be 
furnished,  shall  advance  to  the  city  the  sum  of  twelve  dollars 
for  the  use  of  each  meter,  and  shall  thereupon  be  credited  with 
said  sum  on  water  rates  or  rents. 


959.  That  there  is  hereby  levied  and  assessed  against 
each  lot  or  parcel  of  land  within  the  city  in  or  .upon  which 
water  furnished  or  supplied  by  the  city  is  used,  a  sum  corres¬ 
ponding  t  >  the  rates  assessed  in  the  foregoing  tables  for 
annual  and  meter  rates;  each  lot  or  parcel  of  ground  being 
assessed  and  held  responsible  for  all  said  water  supplied  or 
furnished  and  used  thereon. 

960.  At  any  time  after  any  money  becomes  due  the  city 
for  water  furnished  under  any  of  the  ordinances  of  the 
city,  it  shall  be  lawful  for  the  city  attorney  of  the  city  to  com¬ 
mence  suit  in  an  action  of  debt  for  such  money,  in  any  court  of 
competent  jurisdiction,  in  the  name  of  the  city  of  Monmouth, 
against  the  owner,  at  the  time,  of  the  premises  for  or  upon 
which  the  water  was  furnished,  or  against  the  person  or  per¬ 
sons  using  or  consuming  such  water,  and  to  prosecute  such 
suit  to  final  judgment;  or  said  city  attorney  may  in  the  name  of 


242 


CITY  ORDINANCES. 


the  city,  commence  suit  against  the  owner,  occupier  or  person 
in  possession  of  the  premises,  for  or  upon  which  such  water 
had  been  furnished,  jointly  or  severally,  by  petition  to  be  filed 
in  the  circuit  court  of  Warren  county  and  State  of  Illinois, 
which  petition  shall  state  the  amount  due  the  city,  and  shall 
give  a  full  description  of  the  premises  for  or  upon  which  the 
water  sued  for  was  furnished,  and  shall  pray  that  a  decree  be 
rendered  for  the  amount  due,  and  that  the  same  be  declared  a 
lien  upon  such  premises,  and  that  such  premises,  or  the  inter¬ 
est  therein  of  the  parties  sued,  may  be  sold  as  in  ordinary 
cases  in  chancery  under  the  laws  of  the  State  of  Illinois  to  sat¬ 
isfy  the  decree 

961.  That  in  all  cases  where  default  is  made  in  payment 
for  water  furnished  by  the  city,  in  accordance  with  the  ordi¬ 
nances  thereof,  the  superintendent  of  the  water  works  of  the 
city,  upon  notice  of  the  default  from  the  city  collector,  shall 
shut  off  the  water  from  the  premises  for  which  such  default 
occurs,  and  the  water  shall  not  again  be  turned  on  or  furnished 
to  any  person,  in  or  upon  such  premises,  until  all  arrearages 
thereof,  together  with  all  fines  or  penalties  in  connection  there¬ 
with,  or  costs  made  in  any  suit  therefor,  shall  be  fully  paid. 

962.  Whoever  shall  in  any  manner  injure  or  obstruct  the 
access  to  any  stop  cock,  hydrant  or  valve  connected  with  any 
water  pipe  within  any  street,  alley  or  common  of  said  city,  or 
whoever  shall  injure  any  meter  or  throw  any  substance  of  any 
kind  into  the  city  reservoir,  shall  be  subject  to  a  penalty  of  not 
less  than  five  dollars  nor  more  than  fifty  dollars  for  each 
offense. 

963.  All  hydrants  constructed  in  the  city  for  the  purpose 
of  extinguishing  fires  in  such  city  are  hereby  declared  to  be 
public  hydrants  and  no  person  or  persons  other  than  members 
of  the  fire  department  of  said  city  for  the  use  and  purpose  of 
said  department  and  those  especially  authorized  by  the  fire 
marshal  and  water  works  superintendent  shall  open  any  of  said 
hydrants,  or  attempt  to  draw  water  from  the  same  or  in  any 
manner  interfere  with  or  injure  any  of  said  hydrants.  Any 
person  violating  the  provisions  of  this  section  shall  be  subject 
to  a  penalty  of  not  less  than  ten  dollars  nor  more  than  two 
hundred  dollars  for  each  offense. 

964.  Whenever  in  the  judgment  of  the  mayor  of  the  city 
the  public  exigency  requires  it,  he  shall  have  the  right  and 
authority  by  proclamation  to  the  public  in  one  or  more  news¬ 
papers  printed  within  the  city  to  limit  in  respect  to  time  or 
wholly  suspend  and  prohibit  for  such  length  of  time,  as  such 
exigency  shall  in  his  judgment  require,  the  drawing  or  use  of 


CITY  ORDINANCES. 


243 


water  for  public  or  private  fountains  and  for  street  or  yard 
sprinkling,  or  for  either  of  such  purposes.  Any  person  or 
persons  using  or  drawing  water  in  violation  of  such  proclama¬ 
tion,  shall  be  subject  to  a  penalty  of  not  less  than  one  nor  more 
than  fifty  dollars  for  each  offense. 

965.  That  the  entire  proceeds  arising  from  the  operation 
of  the  water  system  herein  provided  for  shall  be  paid  into  a 
fund  known  as  the  “Water  Fund,”  and  which  fund  shall  be  and 
remain  inviolate  until  the  certificates  issued  under  the  terms  of 
an  ordinance  entitled  “An  ordinance  providing  for  the  exten¬ 
sion  and  enlargement  of  the  existing  water  works  system  of  the 
City  of  Monmouth,”  approved  February  6,  1900,  and  the  amend¬ 
ment  thereof  approved  April  19,  1900,  and  the  interest  thereon 
is  fully  paid,  and  no  warrants  nor  orders  shall  be  drawn  against 
said  fund  nor  shall  the  city  treasurer  pa y  warrants  or  orders 
drawn  on  the  said  fund  unless  the  same  be  drawn  in  payment 
of  the  necessary  operating  expenses  of  said  water  works  system 
or  in  payment  of  the  said  certificates  of  indebtedness,  or  the 
interest  thereon. 


CHAPTER  LIX. 

WATER  DEPARTMENT — SANITARY  PLUMBING. 

966.  Every  person  desiring  to  do  any  plumbing  work  in 
connection  with  the  water  works  of  the  city  shall  first  obtain  a 
certificate  as  master,  employing  or  journeyman  plumber  as  re¬ 
quired  by  the  laws  of  the  state  and  shall  also  obtain  a  plumber’s 
license  as  provided  in  Chapter  XLI  of  these  ordinances.  Ac¬ 
companying  the  application  for  such  license  shall  be  a  bond 
signed  by  two  or  more  sureties  to  be  approved  by  the  mayor  in 
the  sum  of  one  thousand  dollars,  conditioned  that  he  or  they 
will  indemnify  and  save  the  city  harmless  from  all  accidents  and 
damages  caused  by  any  act,  omission  or  negligence  upon  the 
part  of  the  said  plumber  or  plumbers,  his  or  their  agents  or 
servants  in  either  the  execution  or  protection  of  his  or  their 
work  or  for  any  unfaithful  or  inadequate  work  done  under  and 
by  virtue  of  his  or  their  license.  And  any  person  doing  any 
plumbing  within  the  city  or  doing  or  attempting  to  do  any 
drainage  within  any  building  within  the  city  without  having  a 
plumber’s  license  as  herein  required,  shall  be  subject  to  a  pen¬ 
alty  of  not  less  than  ten  dollars  for  each  offense. 

967.  The  city  engineer,  in  addition  to  the  duties  required 


244 


CITY  ORDINANCES. 


of  him  as  such  engineer,  shall  be  plumbing  inspector  of  the 
city.  He  shall  not  during  the  term  of  his  office  engage  in  the 
occup  tion  of  plumbing  or  be  interested  directly  or  indirectly 
in  any  firm  or  corporation  engaged  in  the  business  of  plumbing 
during  his  term  of  office.  He  shall  as  such  plumbing  inspector 
have  the  authority  of  a  policeman  of  the  city  and  shall  be 
charged  with  the  enforcement  of  this  chapter  of  this  ordinance 
and  shall  have  power  to  act  in  all  such  cases  not  distinctly  cov¬ 
ered  thereby.  He  shall  have  charge  of  all  papers  relating  to 
this  office,  the  issuing  of  permits,  the  approval  of  drainage 
plans  and  the  inspection  of  house  drainage  in  new  or  old  build¬ 
ings.  He  shall  make  a  written  report  to  the  city  council  at  the 
close  of  his  term,  giving  a  synopsis  of  his  year’s  work  and  make 
such  recommendations  as  may  seem  to  him  valuable  for  the 
improvement  of  sanitary  house  drainage  or  plumbing. 

968.  He  shall  have  access  at  all  reasonable  hours  cf  the 
day  to  all  buildings  of  the  city  for  the  purpose  of  inspecting 
the  plumbing  and  drainage  and  if  the  same  is  not  in  accordance 
with  the  provisions  of  this  ordinance  he  shall  report  the  same 
in  writing  to  the  mayor  who  shall  serve  notice  of  any  changes 
needed  on  the  owner  or  owners  or  occupants  of  the  building 
and  if  such  owner  or  owners  or  occupants  do  not  comply  with 
the  provisions  of  such  notice  within  a  reasonable  time  after  the 
service  thereof  he  or  they  shall  be  subject  to  a  fine  of  five  dol¬ 
lars  for  each  day  that  expires  thereafter. 

969.  The  inspector  shall  inspect  the  system  of  plumbing 
and  draining  in  any  building  when  requested  to  do  so  by  the 
owner  or  occupant  thereof,  or  by  any  owner  or  occupant  of 
adjacent  premises.  Such  request  shall  be  in  writing  describ¬ 
ing  the  premises  to  be  inspected,  and  accompanied  by  a  fee  of 
two  dollars  in  each  case.  Such  fee  shall  be  retained  by  such 
inspector  unless  the  same  be  advanced  by  an  occupant  or  owner 
of  adjacent  premises,  when,  if  the  plumbing  or  drainage  of  the 
premises  inspected  b 3  found  to  be  faulty,  the  fee  shall  be  re¬ 
turned  and  the  owner  of  the  inspected  premises  shall  be  liable 
therefor  and  shall  pay  the  same  to  the  inspector.  And  the 
owner  of  such  inspected  premises  shall  upon  notification  by 
the  mayor  proceed  to  put  such  plumbing  or  drainage  in  proper 
condition,  and  upon  failure  to  do  so,  within  a  reasonable  time, 
he  shall  be  liable  to  a  fine  of  five  dollars  for  each  day  that  ex¬ 
pires  thereafter. 

970.  It  shall  be  the  duty  of  any  architect  or  builder  pro¬ 
posing  to  erect  or  superintend  any  new  building,  or  the  altera¬ 
tion  of  any  old  building  within  or  for  which  any  plumbing  or 
drainage  is  proposed  to  be  done  or  changed,  to  submit  plans  for 
plumbing  or  drainage  or  change  therein  to  the  inspector  for  his 


CITY  ORDINANCES. 


245 


approval,  and  if  upon  examination  the  inspector  shall  approve 
of  such  plans  he  shall  issue  a  permit  for  the  doing  of  such  work 
in  accordance  therewith.  No  material  change  in  such  plans 
shall  thereafter  be  made  without  like  written  permit  from  the 
inspector.  The  fee  for  such  permit  shall  be  one  dollar  for 
work  costing  one  hundred  dollars  or  less  and  one  dollar  addi¬ 
tional  for  each  additional  one  hundred  dollars  or  part  thereof. 
All  fees  shall  be  paid  to  the  inspector  and  by  him  to  the  city 
treasurer. 

971.  All  permits  shall  be  issued  in  duplicate  and  numbered 
consecutively  and  dated.  One  copy  to  be  kept  on  file  in  the 
office  of  the  inspector,  and  shall  be  good  for  one  year  from  date 
of  issue.  If  work  is  not  completed  within  that  time  the  permit 
shall  be  returned  and  a  new  one  issued 

972.  The  inspector  shall  examine  all  plumbing  in  process 
of  construction  and  when  notified  he  shall  examine  the  tests  for 
leaks  and  issue  certificates  of  inspection  when  approved. 

973.  When  a  slope  of  one-fourth  inch  to  each  foot  of  run 
cannot  be  obtained,  or  when  the  ground  is  newly  made  ground 
or  of  yielding  nature,  and  also  for  that  part  of  the  house  sewer 
which  is  under  the  building  and  extending  two  feet  beyond  the 
wall  line,  the  sewer  shall  be  constructed  of  material  similar  to 
that  required  for  soil  pipe.  No  iron  sewers  shall  be  permitted 
with  less  slope  than  one-eighth  (-J)  inch  to  the  foot. 

974.  Vertical  soil  pipes  shall  be  of  extra  heavy  cast  iron 
four  (4)  inches  inside  diameter,  coated  while  hot  both  inside  and 
outside,  with  asphaltum  or  tar,  or  four  (4)  inch  galvanized 
wrought  iron  pipe  of  standard  weight.  They  shall  extend 
through  the  roof  for  ventilation  no  less  than  two  feet.  If  re¬ 
ceiving  a  discharge  from  more  than  ten  water  closets  and  ten 
other  fixtures,  or  the  equivalent  thereof,  they  shall  be  increased 
in  size  as  required  by  the  inspector. 

975.  Standing  waste  pipes  shall  be  two  (2)  inches  in  diam¬ 
eter,  unless  receiving  the  discharge  from  more  than  five  (5) 
fixtures,  they  shall  be  increased  one  (1)  inch  in  diameter  for 
each  five  or  less  additional  fixtures,  in  other  respects  the  waste 
pipes  shall  be  similar  to  the  soil  pipes. 

976.  No  waste  pipe  or  trap  for  any  fixture  shall  be  of  less 
internal  diameter  than  the  following  schedule:  Wash  basin,  1£ 
inch;  bath  tub,  H  inch;  urinal,  H  inch;  kitchen  sink,  li  inch; 
slop  sink,  2  inches;  laundry  tray,  14  inch;  water  closet,  4  inches. 

977.  All  waste  pipe  and  fixtures  other  than  water  closets 
must  be  provided  at  the  outlet  of  such  fixtures  with  strong 
metallic  strainers  to  exclude  from  such  waste  pipes  all  sub¬ 
stances  likely  to  obstruct  them. 


246 


CITY  ORDINANCES. 


978.  All  iron  pipes  (cast)  must  be  sound,  free  from  holes 
or  cracks,  and  of  a  grade  known  to  the  trade  as  extra  heavy. 
The  following  weights  per  lineal  foot  will  be  accepted  as  com¬ 
plying  with  this  ordinance: 

2  inch  54  lbs  per  lineal  foot. 

3  inch  94  lbs.  per  lineal  foot. 

4  inch  13  lbs.  per  lineal  foot. 

5  inch  17  lbs.  per  lineal  foot. 

6  inch  20  lbs.  per  lineal  foot. 

All  fittings  used  in  connection  with  such  pipe  shall  correspond 
with  it  in  weight  and  quality. 

979.  There  shall  be  a  running  trap  in  an  accessible  posi¬ 
tion  in  main  house  drain  with  a  four  (4)  inch  clean  out  on  the 
sewer  side  and  a  four  (4)  inch  fresh  air  inlet  on  the  house  side. 
The  position  of  fresh  air  inlet  to  be  approved  in  permit.  A  four 
(4)  inch  band  hole  with  cap  screw  shall  be  provided  at  or  near 
each  change  of  direction  in  main  house  drains.  When  the  ver¬ 
tical  pipe  is  more  than  thirty  (30)  feet  in  height,  it  shall  rest  at 
the  base  on  a  pier  foundation  acceptable  to  the  inspector. 
Pipes  shall  be  supported  on  pipe  rests  as  directed  by  the  in¬ 
spector. 

980.  The  vertical  soil  pipe  shall  have  separate  Y  or  sani¬ 
tary  T  waste  connection  for  each  fixture.  Double  Y’s  or  sepa¬ 
rate  fittings  may  be  used. 

981.  The  main  pipes  shall  be  run  with  as  few  off-sets  as 
possible.  Off-sets  on  horizontal  pipes  shall  be  made  with  one- 
eighth  and  one-sixteenth  bends.  No  horizontal  pipes  shall  be 
permitted  to  exceed  six  feet.  The  cast  iron  pipes  shall  be  left 
uncovered  except  if  necessarily  left  in  recesses  when  they  may 
be  covered  by  boards  which  can  readily  be  removed  for  inspec¬ 
tion,  said  boards  shall  be  fastened  with  screws.  The  joints 
shall  be  filled  by  tamping  soft  pig  molten  lead  over  a  small 
gasket  of  picked  oakum. 

982.  If  the  Durham  system  of  house  drainage  shall  be  used, 
it  shall  comply  with  a  special  permit  from  the  inspector,  and 
shall  in  all  respects  be  subject  to  his  approval. 

983.  Each  fixture  connected  with  the  drainage  system 
shall  be  separately  and  effectually  trapped.  In  no  case  shall 
the  waste  from  the  bathtub  or  other  fixture  be  connected  with  a 
water  closet  trap  or  revent  connection  of  the  same.  Traps 
shall  not  be  placed  more  than  two  (2)  feet  from  the  inlet  of  the 
fixture.  They  shall  have  some  means  of  clean-out  exposed  to 
view  and  easily  accessible,  and  shall  have  a  perfectly  smooth 
interior. 


CITY  ORDINANCES. 


247 


984.  A  grease  trap  or  catch  basin  of  approved  pattern 
shall  be  used  in  connection  with  slop  sinks,  kitchen  or  pantry 
sinks  in  all  hotel',  laundries,  eating  houses  and  boarding 
houses  and  all  establishments  discharging  oily  matters  into  the 
sewer. 

985  All  traps  shall  be  protected  from  syphonage  and 
such  anti-syphon  traps  only  shall  be  permitted  as  are  approved 
by  the  inspector.  They  shall  in  no  case  be  placed  more  thau 
four  (4)  feet  from  the  vertical  pipe. 

986.  Revent  pipes  shall  not  be  less  than  inside  bore  of 
trap  for  branches  or  two  (2)  inches  for  the  vertical  pipe.  If 
more  than  live  fixtures  are  r evented  from  one  pipe,  the  main 
revent  shall  be  increased  as  required  by  the  inspector.  The 
revent  pipe  shall  extend  up  through  the  roof.  If  less  than  five 
fixtures  discharge  in  the  vertical  pipe,  the  revent  may  be  re- 
vented  into  the  vertical  pipe  two  feet  or  more  above  the  waste 
of  the  highest  fixture.  No  revent  pipe  shall  be  allowed  to  run 
so  as  to  form  a  trap.  Each  revent  shall  have  a  trap  screw 
wiped  into  it  not  more  than  six  (6)  inches  above  its  connection 
with  the  trap  unless  the  revent  is  connected  to  trap  with  a 
brass  union.  No  brick,  sheet  metal,  earthenware,  or  chimney 
flue  shall  be  used  for  a  sewer  ventilator,  or  to  ventilate  any 
trap,  soil  or  waste  pips. 

987.  Revent  pipes  shall  be  of  cast  iron,  wrought  iron  or 
lead.  If  cast  iron  they  shall  conform  in  quality  to  the  require¬ 
ments  for  soil  or  waste  pipe.  If  of  wrought  iron  they  shall  be 
tested  to  five  hundred  (500)  pounds  per  square  inch  hydraulic 
pressure.  They  shall  be  connected  with  screw  joints  and  red 
lead  and  proper  iron  fittings  similarly  coated.  If  lead  is  used 
for  vent  pipes,  or  for  branch  waste  pipes,  it  shall  have  a  weight 
of  not  less  than  the  following: 

1  in.  pipe  2  lbs.  per  foot. 

H  in.  pipe  2-J-  lbs.  per  foot. 

If  in.  pipe  3f  lbs.  per  foot. 

2  in,  pipe  5  lbs  per  foot. 

3  in.  pipe  6  lbs.  per  foot. 

4  in.  pipe  8  lbs.  per  foot. 

988.  When  the  leaders  for  rain  water  are  permitted  to 
connect  with  the  sewer  this  shall  be  done  preferably '.at  'the 
highest  point.  If  outside  of  the  house,  the  leaders  may  be  slip 
joints  sheet  metal  connected  with  the  tile  sewer  pipe  extended 
six  (6)  inches  above  the  ground.  If  inside  of  the  house,  they 
shall  be  of  cast  or  wrought  iron  in  all  respects  similar  to  the 
requirements  for  soil  pipe.  Such  connection  shall  be  made 


248 


CITY  ORDINANCES. 


with  a  combination  lead  and  brass  ferrule  soldered  over  the  tin 
and  calked  in  the  hub  of  the  pipe. 

989.  The  subsoil  drainage  pipes  from  the  cellar  or  else¬ 
where,  shall  if  connected  with  the  sewer,  discharge  into  a  water 
tight  basin.  There  shall  be  a  running  trap  not  more  than  one 
foot  from  the  sewer,  and  a  brass  trap  screw  or  check  valve  to 
prevent  back  pressure.  This  basin  shall  receive  no  other 
waste. 

990.  Floor  wTashes  may  be  connected  with  the  sewer  when 
the  inlet  is  protected  with  a  four  (4)  inch  brass  trap  screw  and 
a  running  trap  not  more  than  one  foot  from  the  sewer.  Area 
drains  when  connected  with  the  sewer  shall  have  a  metallic 
strainer  and  a  four  (4)  inch  trap  or  hand  hole  protected 
against  frost,  preferably  located  in  the  cellar. 

991.  No  fixture  shall  be  permitted  to  be  boxed  in  or  en¬ 
closed  with  sheeting  or  doors.  All  shall  be  open  plumbing. 
When  fixtures  are  removed  for  repairs,  or  other  purposes,  they 
shall  not  again  be  boxed  in.  All  fixtures  except  water-closets, 
shall  waste  through  strong,  approved  fixed  metallic  strainers. 
All  fixtures  shall  be  non-porous  and  non-absorbent.  The  over¬ 
flow  from  fixtures  Shall  connect  with  waste  on  house  side*)f 
trap. 

992.  Water  closets  shall  be  placed  in  rooms  opening  to  the 
outside  air  in  all  buildings  erected  six  months  after  the  passage 
of  this  ordinance.  If  opening  into  an  air  shaft,  the  same  shall 
not  be  less  than  nine  (9)  square  feet  in  area.  Each  water  closet 
within  the  house  shall  be  supplied  from  special  tanks  of  five  (5) 
gallons  capacity  or  more,  and  used  for  no  other  purpose.  The 
flush  pipe  shall  not  be  less  than  one  and  one  quarter  inches  in¬ 
side  diameter.  The  trap  shall  be  in  the  bowl  and  above  the 
floor  with  a  large  body  of  water  exposed  to  viewT  and  sufficient 
immediately  to  cover  and  thus  temporarily  disinfect  and  de¬ 
odorize  the  excreta.  No  closets  requiring  mechanical  devices, 
such  as  the  “Plunger’’  closet,  shall  be  allowed.  When  such 
closets  are  removed  for  repairs  they  shall  not  again  be  used  in 
any  wTork  under  this  ordinance. 

993.  When  water  closets  are  placed  outside  of  buildings 
they  shall  be  separately  trapped  and  flushed  automatically  with 
seat  action.  All  shall  be  protected  from  frost,  and  the  part 
under  ground  placed  in  a  compartment  to  permit  access  to  the 
valve  in  case  of  repairs.  The  enclosure  of  water  closets  shall 
be  ventilated  with  slatted  openings  in  doors  and  roof.  The 
wTaste  water  from  hopper  cock  shall  be  trapped  and  properly 
connected  on  inlet  side  of  main  trap.  In  tenement  houses,  one 
wTater  closet  must  be  provided  for  each  two  families. 


CITY  ORDINANCES. 


249 


994.  When  the  drainage  system  is  completed  the  entire 
plumbing  and  drainage  system  within  the  building  must  be 
tested  by  the  plumber  in  the  presence  of  the  inspector,  under  a 
water  or  air  test  as  directed.  All  pipes  must  remain  uncovered 
in  every  part  until  they  have  successfully  passed  the  test.  The 
plumber  must  securely  close  all  openings  as  directed  by  the 
inspector.  The  use  of  wooden  plugs  for  this  purpose  is  pro¬ 
hibited. 

995.  The  inspection  of  work  shall  in  no  case  be  delayed 
over  twenty-four  hours  after  notice  of  completion  is  rendered. 
No  notice  to  inspect  shall  be  given  until  all  is  complete. 

996.  An  alternate  test  with  air  pressure  may  be  employed 
by  the  plumber  at  his  option,  at  not  less  than  four  (4)  pounds 
atmospheric  pressure  with  force  pump  and  mercury  column  of 
not  less  than  ten  (10)  inches.  The  use  of  spring  gauges  is  pro¬ 
hibited. 

997.  When  the  fixtures  are  connected  and  all  complete 
another  test  shall  be  made  by  the  plumber  under  the  direction 
and  in  the  presence  of  the  inspector.  This  test  shall  be  the 
peppermint  test,  using  five  ounces  of  the  oil  of  peppermint  for 
each  line  of  pipe.  Rubber  connections  shall  not  be  used  on  any 
pipe  or  fixture  conned  ed  to  drain  or  sewer. 

998.  No  privy  vaults  shall  be  connected  with  the  street 
sewer.  No  house  drainage  shall  discharge  into  a  privy  vault 
where  sewer  connections  can  be  made. 

999.  If  drainage  pipes  are  put  in  for  future  use,  they  shall 
have  all  openings  closed  by  soldering  or  calking  up  perfectly 
tight  and  tested  by  the  water  test. 


CHAPTER  LX. 

1000.  The  foregoing,  from  Section  859  to  999  inclusive,  to¬ 
gether  with  this  section  and  the  one  following  it  shall  be  denom¬ 
inated  “The  Revised  'Ordinances  of  the  City  of  Monmouth,” 
and  shall  be  printed  and  published  in  book  form,  and  all  public 
or  general  ordinances  or  parts  thereof  not  included  in  this  ordi¬ 
nance,  so  far  as  they  conflict  or  are  inconsistent  with  the  pro¬ 
visions  of  this  ordinance  are  hereby  repealed,  so  far  only  as  shall 
relate  to  offenses  committed  from  and  after  the  taking  effect 
hereof.  Private  or  special  ordinances,  orders  and  resolutions  of 


250 


CITY  ORDINANCES. 


the  city  council  are  not  repealed  unless  repugnant  to  the  pro¬ 
visions  of  this  ordinance. 

1001.  This  ordinance  shall  take  effect  and  be  in  force  ten 
days  after  its  publication. 

Passed  October  10,  A.  D.  1900. 

Approved  October  11,  A.  D.  1900. 

*  _  _ *  W  A  SAWYER,  Mayor. 

;  CORPORATION  1 

:  SEAL  ;  Attest: 

*  - - -*  J.  S  Cannon.  City  Clerk. 

Published  in  book  form  by  the  authority  of  the  city  council 
of  the  City  of  Monmouth,  Illinois,  November  22,  A.  D.  1900. 


SPECIAL  ORDINANCES. 


SPECIAL  ORDINANCES. 


253 


SPECIAL  ORDINANCES. 


The  following  Special  Ordinances  passed  on  the  dates 
noted,  will  be  found  recorded  in  Ordinance  Record  volumes 
and  pages  as  given: 

An  ordinance  for  laying  out  and  opening  an  alley  across  and 
over  the  west  part  of  lot  two,  in  block  ten,  in  the  original  town 
plat  of  Monmouth.  December  29,  1876.  Vol.  1,  p.  181. 


An  ordinance  providing  for  the  erection  of  Gas  Works. 
January  3,  1876.  Vol.  1,  p.  173. 


An  ordinance  defining  what  shall  be  a  substantial  com¬ 
mencement  of  Gas  Works.  February  5,  1877.  Vol.  1,  p.  183. 


An  ordinance  granting  the  right  of  way  to  the  Burlington, 
Monmouth  and  Illinois  River  Railroad  Company  upon  and  over 
certain  streets.  April  2,  1877.  Vol.  1,  p.  184. 


An  ordinance  to  provide  for  the  opening  of  parts  of  Cedar, 
Wood,  Warsaw,  Lancaster,  Pine,  Warren  and  Locust  streets. 
December  3,  1877.  Vol.  1,  p.  192. 

An  ordinance  defining  Harding  street  and  widening  the 
north  end  of  Harding  and  the  south  end  of  Wood  streets  in  the 
City  of  Monmouth.  March  10,  1879.  Vol.  1,  p.  204. 

An  ordinance  to  provide  for  the  widening  of  South  street  in 
the  City  of  Monmouth.  June  6,  1881.  Vol.  1,  p.  230. 


An  ordinance  granting  permission  to  erect  and  maintain  a 
system  of  Telephones  or  a  Telephone  Exchange  in  the  City  of. 
Monmouth.  December  5,  1881.  Vol.  1,  p.  230. 


254 


SPECIAL  ORDINANCES. 


An  ordinance  in  relation  to  the  grade  of  Depot  and  Eagle 
streets  and  to  require  the  Central  Iowa  Railroad  to  conform 
tracks  to  said  grade.  August  6,  1883.  Vol.  1,  p.  255. 


An  ordinance  in  relation  to  the  extension  of  Oak  street. 
October  5,  1885.  Vol.  1,  p.  327. 


An  ordinance  granting  privilege  for'  the  erection  of  poles 
and  the  stringing  of  electric  light  wires  thereon,  in,  on  and 
along  the  streets  and  alleys  of  the  City  of  Monmouth.  March 
1,  1886.  Vol.  1,  p.  340. 


Water  works  ordinance.  July  2,  1888.  Vol.  1,  p.  418. 


An  ordinance  in  relation  to  the  granting  the  right  to  the 
Central  Iowa  Railway  Company  to  change  the  location  of  their 
switch  tracks.  September  3,  1888.  Vol.  1,  p.  430. 


Water  works  bond  ordinance.  September  3,  1888.  Vol.  1, 
p.  435. 

Water  works  bond  ordinance.  September  15,  1888.  Vol. 
1,  p.  436. 


An  ordinance  in  regard  to  water  works  rates.  March  28, 
1889.  Vol.  1,  p.  448. 


An  ordinance  in  regard  to  water  works  rates.  May  5,  1890. 
Vol.  1,  p.  492.  An  ordinance  amending  an  ordinance  establish¬ 
ing  water  rates,  etc.  July  7,  1890.  Vol.  1,  p.  503. 


An  ordinance  changing  the  names  of  the  streets  of  the  city. 
January  5,  1890.  Vol.  1,  p.  517. 


An  ordinance  in  relation  to  the  opening  of  the  alleyway 
through  block  seven,  South  addition  to  the  City  of  Monmouth. 
March  2,  1891.  Vol.  1,  p.  527. 


An  ordinance  to  vacate  block  thirteen,  Sipher’s  Addition  to 
the  City  of  Monmouth.  June  1,  1891.  Vol.  2,  p.  9. 


SPECIAL  ORDINANCES. 


255 


An  ordinance  regulating  the  use  of  city  water.  June  3, 
1891.  Vol.  2,  p.  12. 


An  ordinance  to  authorize  the  Monmouth  Motor  Street 
Railway  Company  to  construct,  operate  and  maintain  a  street 
railway;  and  to  furnish  power,  light  and  heat.  June  3,  1891. 
Vol.  2,  p.  14. 


An  ordinance  relating  to  electric  lights.  Granting  fran¬ 
chise  to  the  Edison  Illuminating  Company.  September  12, 
1892.  Vol.  2,  p.  156. 


An  ordinance  to  vacate  the  alleyway  through  Block  Three 
South  Addition  to  the  City  of  Monmouth.  November  7,  1892. 
Vol.  2,  p.  166. 


An  ordinance  vacating  a  part  of  East  Eighth  Avenue.  July 
3,  1893.  Vol.  2,  p.  210. 


An  ordinance  providing  for  the  issue  of  bonds.  February 
19,  1894.  Vol.  2,  p.  232. 


An  ordinance  granting  permission  to  the  Merchants  Tele¬ 
phone  Company  to  erect  and  maintain  a  system  of  telephones, 
or  a  telephone  exchange.  March  20,  1894.  Vol  2,  p.  241. 


An  ordinance  in  reference  to  water  services.  June  4,  1894. 
Vol.  2,  p.  249. 


An  ordinance  to  borrow  money  on  the  credit  of  the  corpor¬ 
ation,  and  issue  bonds  therefor  to  the  amount  of  $2,000.00  to 
provide  means  for  making  extensions  to  the  water  works  sys¬ 
tem.  June  8,  1894.  Vol  2,  p.  252. 


An  ordinance  to  provide  for  the  issue  of  $15,000.00  bonds 
to  refund  the  like  amount  of  water  works  extension  bonds  out¬ 
standing.  June  16,  1894.  Vol.  2,  p.  254. 


An  ordinance  in  reference  to  the  payment  of  a  part  of  the 
costs  of  cememt  sidewalks.  July  3,  1894.  Vol.  2,  p.  259. 


256 


SPECIAL  ORDINANCES. 


An  ordinance  to  permit  the  Standard  Oil  Company  of  Ken¬ 
tucky,  to  erect  buildings  and  tanks  for  the  storing  and  handling 
the  products  of  petroleum.  July  3,  1894.  Vol  2,  p.  263. 


An  ordinance  for  the  widening  South  Third  Street  from 
the  north  line  of  Sixth  Avenue  to  the  south  line  of  the  right  of 
way  of  the  C.  B.  &  Q.  R  R.  November  12,  1894.  Vol  2,  p,  302. 


An  ordinance  to  borrow  money  on  the  credit  of  the  corp»r- 
tion  and  issue  bonds  therefor  to  the  amount  of  three  thousand 
dollars  to  provide  means  for  the  making  extensions  to  the 
water  works  system.  March  4,  1895.  Vol.  2,  p.  307. 


An  ordinance  granting  right  of  wav  through  the  streets 
and  alleys  and  over  public  grounds  and  permission  to  erect  and 
maintain  a  system  of  telephones  and  telephone  exchange 
within  the  city  of  Monmouth  and  to  protect  the  same.  April 
30,  1895.  Vol  2,  p.  312 


An  ordinance  in  relation  to  water  rates  and  taxes.  Novem¬ 
ber  18,  1895.  Vol.  2,  p.  344. 

An  ordinance  granting  permission  to  erect  and  maintain  a 
system  of  telephones  or  telephone  exchange  in  the  City  of 
Monmouth.  July  12,  1897.  Vol.  3,  p.  51. 


An  ordinance  to  amend  an  ordinance  entitled,  “An  ordi¬ 
nance  to  provide  for  the  issue  of  ten  thousand  ($10,0u0)  dollars 
bonds  to  refund  the  like  amount  of  Water  Works’  Bonds  out¬ 
standing.  August  2,  1897.  Vol.  3,  p.  63. 


An  ordinance  providing  for  the  vacation  and  closing  of  a 
part  of  the  alley  in  block  17,  in  the  South  Addition  to  the  City 
of  Monmouth  September  5,  1898.  Vol.  3,  p.  136. 

An  ordinance  for  the  opening  and  extension  of  South  Third 
Street  in  the  City  of  Monmouth.  December  5,  1898.  Vol  3,  p. 
167. 


An  ordinance  to  provide  for  the  is'ue  of  $3,0C0.00  in  bonds 
to  refund  the  like  amount  of  outstanding  bonds  issued  for  the 
extension  of  water  service.  March  6,  1899.  Vol.  3,  p.  179. 


SPECIAL  ORDINANCES. 


257 


An  ordinance  to  amend  “An  ordinance  to  provide  for  the 
issue  of  13,000.00  in  bonds  to  refund  a  like  amount  of  outstand¬ 
ing  bonds  issued  for  the  extension  of  water  service.”  March 
20,  1899.  Vol.  3,  p.  187. 


An  ordinance  authorizing  the  mayor  to  attend  the  ^ale  of 
lands  for  taxes  and  special  assessments  and  making  it  his  duty 
to  bid  thereat  in  the  interests  of  the  city  if  necessary.  May  3, 
1899.  Vol.  3,  p.  199. 


An  ordinance  regulating  extension  of  telephone  systems, 
etc.  May  15,  1899.  Vol.  3,  p.  203. 


An  ordinance  granting  to  the  Central  Union  Telephone 
Company  the  right  to  erect  and  maintain  its  poles  and  lines  in 
the  City  of  Monmouth,  on  the  conditions  therein  provided. 
August  21,  1899.  Vol.  3,  p.  234. 


An  ordinance  granting  franchise  to  W.  W.  McCullough  and 
others  to  establish,  maintain  and  operate  an  electric  street  rail¬ 
way  over  certain  streets  and  avenues  in  the  City  of  Monmouth 
and  to  furnish  power.  August  7,  1899.  Vol.  3,  p.  240. 


An  ordinance  granting  franchise  to  W.  J.  Perris  and  others 
for  the  purpose  of  supplying  gas  to  the  said  city  and  the  inhab¬ 
itants  thereof.  September  4,  1899.  Vol.  3,  p.  257. 


An  ordinance  to  vacate  a  portion  of  West  Sixth  Avenue, 
and  a  portion  of  South  E  Street.  November  21,  1899.  Vol.  3, 

p.  268. 


An  ordinance  extending  franchise  of  Edison  Illuminating 
Company.  December  *4,  1899.  Vol.  3,  p.  271. 


An  ordinance  authorizing  the  city  to  borrow  money  for  the 
extension  and  enlargment  of  the  water  works  system.  Febru¬ 
ary  5,  1900.  Vol  3,  p.  273. 


An  ordinance  providing  for  the  extension  and  enlargement 
of  the  existing  water  works  system  of  the  City  of  Monmouth. 
February  5,  1900;  Vol.  3,  p.  276; 


NANCES. 


ibise  to  the  Monmouth  Gas 
ol.  3,  p.  285. 


Lons  2  and  3  of  an  ordinance 
for  the  extension  and  enlarge- 
,f  the  City  of  Monmouth,  ap- 
p  9.  1900.  Vol.  3,  p.  298. 

i 

jhise  to  H.  H.  Pattee  for  the 
f  hot  water  for  heating  and 
t  Yol.  3,  p.  310. 

t 

:hise  to  W.  W-  McCullough  for 
signals.  September  18,  1900. 


Be  it  or  darned  by  the  city  council  of 
tie  city  of  Galesburg,  Illinois: 

Seetibn  1.  That  sidewalks  be  con¬ 
structed  as  follows,  to- wit: 

On  the  east  side  of  North  Prairie  sit., 
abutting'  upon  the  west  end  of  lot  No. 
two  (2)  in  block  No.  sixteen  (16),  in 
Gale’s  Second  addition  to  the  city  of 
Galesburg.  All  of  said  lot,  piece  and 
parcel  of  land  situated  in  the  city  of 
Galesburg,  Knox  County,  Illinois. 

Section  2.  All  of  the  walks  mentioned  _  dinunce  entitled 

in  section  1  of  this  ordinance  shall  be  .Oil  5  Ol  an  Ol  rpment  of 

five  feet  In  width,  and  shall  be  con-  extension  and  eilldlg  ,, 

structed  of  hard-burned  bbi'ck,  laid^  ()|  -^pe  City  of  MonnaOUtn., 
upon  a  suitable  bed  of  cinders  and  sand,  ;)  iqqq  Vol.  3,  p.  297. 
and  the  interstices  filled  with  sand.  The  ^2 
materials  used  and  the  construction  of 
all  of  said  sidewalks  shall  be  under  the 
supervision  of  and  subject  to  the  ap¬ 
proval  of  the  superintendent  of  streets. 

Section  3.  The  owners  of  said  lot  re¬ 
spectively  shall  construct  said  sidewalk 
in  accordance  with  the  specifications 
set  forth  in  this  ordinance  within  thir¬ 
ty  (30)  days  after  the  publication  of 
said  ordinance,  and  in  default  thereof 
said  materials  shall  be  furnished  and 
the  said  sidewalk  shall  be  constructed 
by  the  city. 

Section  4.  The  cosit  of  said  sidewalk 
shall  be  paid  by  a  special  tax,  levying 
upon  eaJch  of  said  lots  or  par¬ 
cels  of  lands  respectively  the  entire 
cost  of  constructing  t!he  walk  in  front 
.hereof,  including  labor,  material,  cost 
3f  laying  down  and  supervision. 

Section  5.  In  case  any  of  'the  owners 
of  any  of  s'aid  lots  fail  to 
construct  said  Sidewalks,  and  their 
const  ruction  by  the  city,  a  bill 
of  costs  of  said  sidewalk,  show¬ 
ing  in  separate  items  the  cost  of  grad¬ 
ing,  materials,  laying  down,  and  su¬ 
pervision,  shall  be  certified  to  and  filed 
in  the  office  of  the  city  clerk  by  the  su¬ 
perintendent  of  streets,  together  wuii 
the  numbers  of  said  lots  and  blocks,  the 
names  of  the  owners,  and  the  frontage 
upon  said  street.  The  city  clerk  shall 
thereupon  issue  a  warrant  directed  to 
the  superintendent  of  streets,  for  tiae 
collection  of  the  amount  of  said  special 
tax,  as  ascertained  and  found  due  from 
the  owners  of  said  lots  to  the  city. 

Section  6.  If  the  superintendent  of 
streets  fails  to  collect  said  special  tax, 
it  shall  be  the  duty  of  the  city  clerk,  on 
or  before  the  tenth  day  of  March  after 
the  return  of  the  warrant  to  hiin  by  the 
superintendent  of  streets,  to  make  a  re¬ 
port  of  said  special  tax  in  writing,  and 
in  manner  provided  by  law,  t'o«  the  coun¬ 
ty  treasurer  of  Knox  county,  Illinois. 

Passed  in  council  t'hlis  5th  day  of  No¬ 
vember,  A.  D.  1900. 

Approved  this  12th  day  of  November, 

A.  D.  1900.  FLETC'HER  CARNEY, 

Attest:  Mayor. 

A.  W.  TRUEDSON,  City  Clerk. 


a 


RULES  AND  ORDER  OF  BUSINESS 


OF  THE 

CITY  COUNCIL  OF  MONMOUTH, 


ORDER  OF  BUSINESS. 

Rule  1.  At  the  hour  appointed  for  meetings,  the  clerk 
shall  proceed  to  call  the  roll  of  members,  marking  the  absen¬ 
tees,  and  announce  whether  a  quorum  is  present.  If  a  quorum 
be  present  the  council  shall  proceed  to  the  business  before  it. 
A  majority  of  the  members  elect  shall  be  necessary  to  consti¬ 
tute  a  quorum;  less  than  a  quorum  may  adjourn  and  compel 
the  attendance  of  members. 

The  following  shall  be  the  order  of  business: 

1.  The  reading  of  the  minutes  of  the  proceedings  of  the 
last  meeting  or  meetings,  amendment  and  approval  of  the 
same. 

2.  The  presentation  of  petitions  and  other  communica¬ 
tions. 

3.  Reports  of  city  officers. 

4.  Reports  of  standing  committees. 

5.  Reports  of  select  committees. 

6.  Unfinished  business  of  preceding  meeting. 

7.  Miscellaneous  resolutions,  motions,  etc. 

Rule  2.  All  questions  relating  to  the  priority  of  business 
shall  be  decided  without  debate. 

DUTIES  AND  PRIVILEGES  OF  THE  MAYOR 

Rule  3.  The  mayor  shall  preserve  order  and  decorum, 
and  shall  decide  all  questions  of  order,  subject  to  an  appeal  to 
the  city  council.  He  shall  have  the  casting  vote  on  all  ques¬ 
tions  upon  which  the  city  council  is  equally  divided,  but  not 
otherwise. 

Rule  4.  While  the  mayor  is  putting  the  question  no 
member  shall  walk  across  or  out  of  the  council  room. 


rtOC  UfyJ 


&%£&"?^£&rr"xa,ui0° 

■  W  a"!PI!-8  ^,ofP°}«~^on  „ 

/  ^'"^1 
0  '^‘Najyjvjj-  ^  PBB  M«’V 

0  'tf W^IJl^mvav 

- - 

■V0orT^*  ? — - - -~-H  fANCES' 

Tu  uM i iiiiiffil1  1  jnj  /  {hise  to  the  Monmouth  Gas 

Company.  February  19,  1900.  Vol.  3,  p.  285. 


An  ordinance  to  amend  Section  5  of  an  ordinance  entitled 
•‘An  ordinance  providing  for  the  extension  and  enlargement  of 
the  existing  water  works  system  of  the  City  of  Monmouth," 
passed  February  5,  1900.  April  2,  1900.  Vol.  3,  p.  297. 


An  ordinance  amending  Sections  2  and  3  of  an  ordinance 
entitled  “An  ordinance  providing  for  the  extension  and  enlarge¬ 
ment  of  the  water  works  system  of  the  City  of  Monmouth,”  ap¬ 
proved  February  6,  1900.  April  19,  1900.  Vol.  3,  p.  298. 


An  ordinance  granting  franchise  to  H.  H.  Pattee  for  the 
purpose  of  supplying  steam  or  hot  water  for  heating  and 
power  purposes  June  4,  190 \  Vol.  3,  p.  310. 


An  ordinance  granting  franchise  to  W.  W.  McCullough  for 
telephone  and  other  electric  signals.  September  18,  1900. 
Vol.  3,  p.  320. 


RULES  AND  ORDER  OF  BUSINESS 


OF  THE 

CITY  COUNCIL  OF  MONMOUTH, 


ORDER  OF  BUSINESS. 

Rule  1.  At  the  hour  appointed  for  meetings,  the  clerk 
shall  proceed  to  call  the  roll  of  members,  marking  the  absen¬ 
tees,  and  announce  whether  a  quorum  is  present.  If  a  quorum 
be  present  the  council  shall  proceed  to  the  business  before  it. 
A  majority  of  the  members  elect  shall  be  necessary  to  consti¬ 
tute  a  quorum;  less  than  a  quorum  may  adjourn  and  compel 
the  attendance  of  members. 

The  following  shall  be  the  order  of  business: 

1.  The  reading  of  the  minutes  of  the  proceedings  of  the 
last  meeting  or  meetings,  amendment  and  approval  of  the 
same. 

2.  The  presentation  of  petitions  and  other  communica¬ 
tions. 

3.  Reports  of  city  officers. 

4.  Reports  of  standing  committees. 

5.  Reports  of  select  committees. 

6.  Unfinished  business  of  preceding  meeting. 

7.  Miscellaneous  resolutions,  motions,  etc. 

Rule  2.  All  questions  relating  to  the  priority  of  business 
shall  be  decided  without  debate. 

DUTIES  AND  PRIVILEGES  OF  THE  MAYOR 

Rule  3.  The  mayor  shall  preserve  order  and  decorum, 
and  shall  decide  all  questions  of  order,  subject  to  an  appeal  to 
the  city  council.  He  shall  have  the  casting  vote  on  all  ques¬ 
tions  upon  which  the  city  council  is  equally  divided,  but  not 
otherwise. 

Rule  4.  While  the  mayor  is  putting  the  question  no 
member  shall  walk  across  or  out  of  the  council  room. 


260 


RULES  AND  ORDER  OF  BUSINESS. 


Rule  5.  Every  member,  previous  to  his  speaking,  shall 
rise  from  his  seat,  and  address  himself  to  the  mayor,  but  shall 
not  proceed  with  his  remarks  until  recognized  arid  named  by 
the  chair. 

Rule  6.  The  mayor  shall,  when  ordered  by  the  council, 
direct  the  marshal  to  have  present  at  its  session,  any  person, 
books  or  papers  deemed  necessary  to  the  proper  understand¬ 
ing  of  any  question  before  it. 

Rule  7.  When  two  or  more  arise  at  once  the  mayor  shall 
name  the  member  who  is  entitled  to  speak. 

DUTIES  OF  MEMBERS. 

Rule  8.  Each  member,  on  presenting  any  communication, 
resolution  or  other  matter  for  the  consideration  and  action  of 
the  council,  shall  rise  and  address  the  mayor  as  “Mr.  Mayor/’ 
and  having  made  such  explanation  or  statement  as  he  shall 
d|em  necessary,  of  the  matter  he  desires  to  present,  shall  ask 
leave  to  present  the  same. 

Rule  9,  No  member  shall  be  permitted  to  speak  without 
rising  and  addressing  the  chair  in  the  proper  form,  nor  shall 
he  proceed  with  his  remarks  until  he  is  recognized  and  named 
by  the  chair. 

Rule  10.  No  member  shall  speak  more  than  twice  upon 
the  same  general  question,  except  by  unanimous  consent. 

Rule  11.  A  member  called  to  order  while  speaking, 
shall,  unless  permitted  to  explain,  immediately  cease  speaking 
and  sit  down  until  the  point  of  order  is  presented  and  decided. 
If  there  be  no  appeal,  the  decision  of  the  chair  shall  be  conclu¬ 
sive,  but  if  an  appeal  be  taken  from  the  decision  of  the  chair, 
the  council  shall  decide  on  the  matter  without  debate. 

Rule  12.  While  a  member  is  speaking,  ho  member  shall 
hold  any  private  discourse,  or  pass  between  the  speaker  and 
the  chair. 

Rule  13.  No  member  shall  vote  on  any  matter  in  which 
he  is  directly  interested;  but  he  shall,  if  present,  vote  on  all 
other  questions,  unless  excused  by  the  council. 

Rule  14.  No  member  shall  speak  to  the  council  unless 
there  be  some  question  then  pending  before  it,  except  to  make 
an  explanation  or  an  inquiry. 

RESOLUTIONS,  MOTIONS  AND  ORDINANCES. 

Rule  15.  All  resolutions  shall  be  in  writing,  and  every 


RULES  AND  ORDER  OF  BUSINESS 


261 


motion  shall  be  reduced  to  writing  when  requested  by  the 
mayor  or  any  alderman. 

Rule  16.  No  motion  shall  be  put  and  debated  unless  it  is 
seconded.  When  a  motion  is  seconded  it  shall  then  be  stated 
by  the  mayor,  or  be  read  if  reduced  to  writing  by  the  recorder 
or  the  member  offering  it. 

Rule  17.  After  a  motion  or  resolution  has  been  stated  by 
the  mayor,  it  shall  be  regarded  as  properly  before  the  council, 
but  it  may  be  withdrawn  at  any  time  before  amendment  is  made 
to  it,  or  vote  taken  on  it;  but  if  an  amendment  has  been  made 
or  a  vote  taken,  it  can  only  be  withdrawn  by  the  consent  of  the 
council. 

Rule  18.  On  the  request  of  any  two  members  of  the 
council,  the  yeas  and  nays  shall  be  taken  and  entered  on  the 
minutes. 

Rule  19.  If  a  question  under  consideration  contains  more 
than  one  distinct  proposition,  it  -may  be  divided  upon  the  re¬ 
quest  of  any  member. 

Rule  20.  When  a  question  is  pending  or  under  debate, 
no  other  business  shall  be  in  order,  and  no  matter  shall  be  en¬ 
tertained  except: 

First.  A  motion  to  adjourn. 

Second.  To  lay  on  the  table. 

Third.  To  postpone  indefinitely. 

Fourth.  The  previous  question. 

Fifths  To  refer  to  a  committee. 

Sixth.  To  amend. 

Seventh.  To  adjourn  to  a  particular  day. 

Such  motions  shall  have  precedence  in  the  order  herein 
named,  the  first,  .second  and  fourth  to  be  decided  without 
debate. 


QUESTIONS  NOT  DEBATABLE. 

Rule  21.  Motions  to  adjourn,  to  lay  on  the  table,  or  for 
the  previous  question  are  not  debatable;  but  when  the  motion 
is  to  adjourn  to  a  certain  day,  or  to  Jay  on  the  table  and  publish 
or  to  do  any  other  thing,  it  is  then  open  to  amendment  and 
debate. 


262 


RULES  AND  ORDER  OF  BUSINESS. 


MOTION  TO  ADJOURN. 

Rule  22.  A  motion  to  adjjurn  is  always  in  order,  except 
when  a  member  has  the  floor;  or,  second,  While  the  yeas  and 
nays  are  being  called;  or  third,  When  the  members  are  voting; 
or  fourth,  When  the  previous  question  has  been  ordered;  or 
fifth,  When  adjournment  was  the  preceding  motion. 

PREVIOUS  QUESTION. 

Rule  23.  When  the  previous  question  is  moved  and  put, 
it  shall  be  in  the  following  form:  “Shall  the  main  question  be 
now  put?”  If  this  is  carried,  all  amendments  not  acted  on,  and 
all  further  motions  or  debate  shall  be  at  an  end,  and  the  ques¬ 
tion  be  put  without  delay. 

AMENDMENT. 

\ 

Rule  24.  A  motion  to  amend  shall  be  in  order,  but  to 
amend  an  amendment  to  an  amendment  shall  not  be  enter¬ 
tained. 

Rule  25.  Nothing  offered  as  an  amendment  to  any  matter 
before  the  council  will  be  entertained  unless  it  is  germain  to 
such  matter. 

RECONSIDERATION. 

Rule  26.  A  motion  may  be  made  to  reconsider  at  any 
time  during  the  same  meeting,  or  at  the  first  meeting  had  there¬ 
after. 

Rule  27.  A  motion  to  reconsider  must  be  made  and  sec¬ 
onded  by  members  who  voted  in  the  majority,  or  by  those  who 
were  absent  and  did  not  vote  on  the  matter  on  which  reconsid- 
ation  is  desired. 

Rule  28.  No  question  shall  be  reconsidered  more  than 
once,  nor  shall  a  vote  to  reconsider  be  reconsidered. 

COMMITTEES. 

Rule  29.  The  mayor  shall  appoint  all  committees,  unless 
the  council  otherwise  order. 

Rule  30.  All  standing  committees  shall  be  appointed  by 
the  mayor  annually,  on  entering  upon  the  duties  of  his  office, 
and  the  first  named  shall  b )  the  chairman  thereof. 

Rule  31.  Standing  and  select  committees  shall  consist  of 
not  less  than  three  members. 

Rule  32.  Standing  committees,  and  select  committees,  to 


RULES  AND  ORDER  OF  BUSINESS. 


263 


whom  matters  are  referred  by  the  council,  shall  report  at  the 
next  regular  meeting  of  the  council  after  the  reference,  unless 
otherwise  instructed,  or  further  time  be  given. 

Rule  33.  Such  reports  shall  briefly  describe  the  matter 
refen  ed  to  it,  and  the  conclusion  to  which  the  committee  has 
come;  which  conclusion  shall  be  summed  up  in  form  of  an 
order,  resolution  or  recommendation. 

Rule  34.  On  the  acceptance  of  a  final  report  from  a  se¬ 
lect  committee,  the  said  committee  shall  be  considered  dis¬ 
charged,  without  a  vote,  unless  otherwise  ordered. 

MISCELLANEOUS. 

Rule  35.  No  person  not  a  member  of  the  council,  shall 
be  allowed  to  speak  before  the  council,  except  by  permission 
of  the  council. 

Rule  36.  Any  member  may  call  for  the  reading  of  any 
paper  in  the  possession  of  the  council,  bearing  upon  a  question 
then  pending. 

Rule  37.  In  filling  blanks  the  question  shall  be  upon  the 
highest  number  or  the  longest  time. 

Rule  38.  All  bills  and  claims  against  the  city  shall  be  re¬ 
ferred  to  some  committee,  and  shall  lie  over  until  the  next 
meeting  of  the  council,  unless  the  same  shall  have  been  exam¬ 
ined  by  the  appropriate  committee  and  payment  recommended 
by  a  majority  of  such  committee,  in  which  case  bills  and  claims 
may  be  passed  and  allowed,  without  being  referred,  at  the  same 
meeting  at  which  they  are  presented. 

Rule  39.  The  foregoing  rules  may  be  temporarily  sus¬ 
pended  by  unanimous  consent  of  all  members  present,  but  shall 
not  be  repealed,  altered  or  amended,  unless  by  concurrence  of 
jtwo  thirds  of  all  the  Aldermen  elected. 


I 


' .  ■ 


4 


f 


INDEX. 


The  figures  refer  to  the  Sections,  except  where  otherwise  stated  or 

indicated. 

ABATEMENT  OF  NUISANCES, . . 

_ _ (Cl.  75  Sections  62,)  452,  851,  852,  853,  854,  856 


ABSENCES,  Leave  of. . . . . .  377 

ACCIDENT,  etc.,  improvement  in  case  of .  90 

ACCOUNT,  Settlement  of . . . . . 371,  380 

ACKNOWLEDGED,  Official  bonds  to  be . . .  196 

ADDITIONS,  how  laid  out,  etc . . . ....  262,  535 

penalty  for  selling  lots  in  without  approval.. _ . .  266,  536 

ADULTERATION  OF  FOOD . 694 

ADULTERY  (See  houses  of  ill  fame). 

ADVERTISEMENTS,  not  to  be  injured,  defaced,  etc .  787 

not  to  be  posted  on,  etc . . .  789 

of  impounded  animals . 542 

ALDERMEN,  number  of . 30 

term  of  office.. . . . . . . . .  31 

vacancy  in  office  . 32 

qualifications  of... . 33 

not  to  hold  other  city  office . . . . .  80,  238 

conservators  of  peace . 83 

compensation  of . 85 

not  to  be  interested  in  city  contract . . . . ....33,  78,  239 

nor  act  as  attorney  to  procure . . . 239 

office  of,  vacated  when  convicted  of  bribery . . . .  35 

may  be  expelled,  but  only  once  for  same  offense .  35 

two,  may  defer  committee  report . . .  43 

may  call  special  meeting  of  council . . .  45 

under  minority  plan . 54 

may  call  special  election. . 60 

contesting  election  of . . . . . 610,  615 

may  be  compelled  to  attend  meeting  of  council . . . 394 

penalty  refusing  to  obey  citation .  395 

ALIENS,  employment  of  forbidden .  195 

ALLEYS,  throwing  filth  into,  arrest . 452 

AMENDMENT  TO  COMPLAINT . 878 

ANIMALS,  cruelty  to... . 806 

neglecting  fastened .  806 

hitching  to  trees  and  fences . . . . .  930 

leaving  horses,  etc.,  unhitched  or  unguarded .  907 


— 


INDEX. 


on  sidewalks  and  parks .  904,-  930 

dangerous,  at  large  . . . . . . .  595 

running  at  large,  herding,  etc.,  forbidden . . 537 

taken  up  by  police . . . . . . . .  540 

taken  up  by  residents  . . . 541 

description  of  estrays  posted . . _ 542 

impounding,  care,  charge  for  keeping . . 543 

release  on  payment  of  costs . . . . . 544 

trial  before  magistrate  .. . _ .  545 

fees  and  charges . . . . . . .  546 

marshal  assistants . . . .  547 

marshal’s  monthly  report . . _ . . . 548 

fowls  at  large . . . . 538 

dead,  left  unburied . . . . . . 549 

pound  provided  for . . . . . . . 539 

sick  with  infectious  disease  to  be  removed. . . . 697 

cattle,  not  to  keep  where  unwholesome . . . 696 

dogs  (see  dogs) 

ANNEXING  AND  EXCLUDING  TERRITORY,  proceedings.... 3 18-329 

APPEAL  BOND,  city  need  not  give . . .  177 

to  council  in  license  cases _ _  726 

to  finance  committee. . . . . . .  108 


APPLICATIONS,  for  building  permits . . . . . .  631 

licenses . . . . . . . . .  719,  736,  746,  752,  759,  775 

drain  or  sewer . . . . . . . . .599,  601 


APPOINTMENTS,  m  lyor  to  make . . . . .  74 

of  standing  committees . . . . . . 391 

board  of  health _  _ _ _ _ _ 445 

city  collector . 368 

engineer  . . 368 

fire  marshal  and  assistants . . .  . . . 368 

inspector  weights  and  measures . . . . 368 

inspector  mineral  oils  . . . . . . . . 368 

marshal  and  police . . . . . . . 462 

scavenger . 368 

sexton.  . . 368 

superintendent  of  streets _ _ _ _ _ _ _ 368 

superintendent  of  water  works. . . . . . . . 368 

weighmaster . 368 

APPROPRIATIONS,  annual  by  ordinance . . . .  89 

none  for  sectarian  purposes . . . . . . p  10 

yeas  and  nays  on . . . . .  41 

mayor  may  veto  items  of . — _ _ _ 46,  231 

ordinance  making  to  be  published _ _ _ _ _  64 

additional,  to  be  submitted  to  people . . . .  89 

expenditures  not  to  exceed — emergency . . . .  90 

salaries  may  be  fixed  in . . . 245 

may  be  reduced  and  revised  when . . . . . 310 

account  of  to  be  kept  by  city  clerk . . . .  410 

ARBITRATORS,  may  be  <.  hosen  to  fix  damages  in  fire  limits . . 641 

fees  of,  etc - - - - 642 

to  be  sworn,  report  of,  how  made . . . 643 

ARRESTS,  with  or  without  warrant _ _ _ _  83 

may  be  made  by  fire  marshal  or  assistants . . . 437 


INDEX.  3 

for  throwing  filth  in  street,  etc. . 452 

officer  may  call  aid . * . 817 

ASHES,  place  for  deposit  of . . . . . . 635 

not  thrown  on  streets _ _ _ _  790 

ASSAULT  AND  BATTERY,  penalty  for _ _ _ _ .812 

ASSEMBLY,  disturbing . 809 

ASSIGNATION  (See  houses  of  ill  fame). 

ATTORNEY,  city _ _  _ _ .Chapter  VI 

officer  not  to  act  as,  to  procure  contract . 239 

AUCTION  ON  STREETS,  none  without  permit . 928 

AUCTIONEERS,  must  be  licensed _ _ _ _  _ 718 

fee  for  license _ _ _ _ _  733 

license  may  be  revoked _ _ _ _ _ _ _ 726 

must  not  employ  bell,  gong,  etc _ _ _ _ _ 810 

AWNINGS,  heighth,  material,  construction _ 917 

BADGES,  fire  marshal  and  assistants  shall  wear _  437 

hackmen  shall  wear _  679 

police  shall  wear _  471 

BAIL,  may  be  given  when  arrested _ _ _  880 

BALL  ALLEYS,  etc.,  licenses  required _  751 

keeping  without  license,  penalty _  751 

BARBED  WIRE,  along  street,  prohibited _ 918 

BELL,  GONG  OR  DRUM,  not  to  be  employed  for  sales _  810 

BENZINE  (S?e  Chapter  XXXII). 

BICYCLES,  injury  to _ 827 

riding  on  walks  prohibited _  910 

must  have  light  after  dark _ _ _ 910 

fast  or  careless  riding _ 911 

BILL  IN  CHANCERY  to  prevent  laying  of  pipes  or  stringing  wires, 

etc _  222 

BILLIARD  TABLES,  license  fee _  754 

keeping  without  license,  penalty _  751* 

minors  not  to  play _ 755 

intoxicated  persons  not  to  play _ _ _  756 

BILL  POSTING,  on  private  property  prohibited _  789 

BIRDS,  not  to  be  killed,  etc _  784 

BOARD  OF  HEALTH,  (See  H<  alth  Department). 

BONDS  of  city  officers _ 75 

new  city  officers,  acknowledgement _ 196,  198,  369 

release  of  sureties  on _ 1 _  197 

failure  to  give  new,  effects  delivered _ 199 

city  may  issue  for  money  borrowed _ Cl.  5.  Section  62 

city  may  issue  funding  old  bonds,  etc _ ____CJ.  6,  Section  63 

act  to  provide  for  payment  of _ _ 194,  194« 

saloon  license _ _ _ _ ....  760 

wholesale  liquor _ _  777 


4 


INDEX. 


inspector  of  mineral  oils  to  give . . . .  460 

approval  by  council . _.. . . . . . . . .  522 

city  officers  shall  not  be  surety  on . . . . . . 524 

house  movers  to  give. _ _ _ _ _ _ 705 

cigarette  dealers  to  give _ _ _ _ _ '736 

druggists  to  give _ _ _ _ _ 746 

tapper  to  give _ _ _ _ _ 956 

plumbers  to  give _ _ _ 966 

see  (official  bonds.) 

water  works,  etc.  (see  special  ordinances.) 

BONFIRES,  prohibited . . . . . ....627,666,  331 

BOOKS,  city  officers,  open  to  examination _ -..92,  100,  103,  375 

ordinances  to  be  recorded  in _ _ _ _ _ _  82 

city  collector  to  keep _ _ _ _ _ 100 

comptroller  to  keep. _ _ _ _ _  106 

committee  on  finance  to  examine _ _ 376 

committee  on  finance  may  prescribe  manner  of  keeping _ 376 

officer,  deliver  to  successor _  76,  369 

sexton  to  keep _ -. . . . . . 483 

treasurer  to  keep _  92,  500 

inspector  of  weights  and  measures,  to  keep  _ _ _ 508 

for  registering  estrays,  kept  by  clerk _ _ _ ..' _ _ 542 

BOWLING  ALLEYS,  license  of,  fee _  754 

BRIBERY,  conviction  of,  ineligible  to  office _ p.  1,  Section  4 

disqualifies  for  alderman... . _ _ _  33 

vacates  office  of - - -  35 

of  officer,  penalty  - - - - - - - - - -  79 

BROTHELS,  (see  houses  of  ill  fame.) 

BUILDING,  encroachment  on  streets  and  alleys  _ _ _ 918 

may  be  destroyed  when _ _ _  442 

wooden  prohibited  in  fire  limits _ _ _  630 

extent  of  repairs  permitted.. . . . _ _ _ _ _ 634 

removal  within  fire  limits . . . . .  634 

(See  fire  limits  and  fire  protection.) 

dilapidated,  nuisance _ 845 

unsafe,  nuisance _ ■_ - - - •_ _ _ 846 

BULL,  indecent  exhibition  of _ _ _ _ _  796 

BURIAL,  (see  cemetery.) 

of  dead  animals  _ _ _  _ _ _ _  549 

BUSINESS  PLACES,  closed  on  Sunday _ _ _  783 

BUTTER,  unwholesome _ 694 

CABS  AND  CABMEN,  (see  hackmen  and  draymen.) 

CANADA  THISTLE  etc _ 844 

CARS,  getting  on  and  off  while  moving _ _ _ _ _  813 

not  to  remain  on  street  crossings _  888 

speed  of  train _ 889 

bell  on  engine  to  be  rung _ _ _ _ _ 890 

light  at  night _ _ 890 

CARTRIDGES,  license  for  sale  of _ _ 718 


INDEX. 


0 


CATTLE,  herding  on  streets  prohibited  _ _ _ 537 

to  be  kept  in  wholesome  place _  696 

may  be  inspected _ _ _ _ 695 

CELLAR,  foul  or  unclean,  nuisance _ 851 

not  to  be  left  open _  900 

CEMETERY,  may  be  removed _  202 

may  be  established,  acquire  lands,  how _ _ _ 203 

city,  located  and  fixed _  | _ 550 

burial  in  without  permit  unlawful _ _  551 

burial  permit  how  obtained _ __ _ : _ 552 

no  burial  except  in  cemetery  and  fees  paid _ _ _ 553 

collector  to  give  receipt  for  fees _  554 

permit  and  receipt  entitle  party  to  service  of  sexton _ 555 

removal  of  bodies,  fees _ _  556 

fees  for  burial _  556 

penalty  for  violating  ordinances _ 557 

health  officer  to  keep  record  of  permits _ _ 558 

money  for  sale  of  lots,  how  used _  559 

“Cemetery  fund”  kept  separate _ _ _ *  .  560 

valuation  of  lots  and  how  sold _ _ 561,  562 

title  to  lots,  how  obtained,  etc _ _  563 

fees  for  deed... _ _ _ - _ 564,  382 

record  to  be  kept _ 565 

public  burying  ground _ _  567 

burial  ground  for  soldiers  and  sailors  _ _ _  568 

non-resident  not  to  be  buried  in  without  permit _  569 

depth  of  graves _ _ _  570 

depredations  and  disorders  in _ _ _ 571 

injuring  fence,  grave  stones,  etc _  571 

planting  of  shrubs,  vines,  etc.,  prohibited _  571 

digging  grave  without  authority _ _ _  572 

disturbing  graves  in _ 573 

must  enter  and  drpart  through  gates _ _  574 

minors  not  allowed  on  ground,  except _ _  _  575 

CENSUS,  authority  to  take _ _ _  175 

CESSPOOLS,  when  nuisance _ _ _ • _ _  842 

no  drainage  from  _ ; _ 604 

not  to  deposit  offal  in _ _ 689 

CHAINMEN,  employed  by  engineer _ _ 421 

CHANCERY,  bill  in  to  prevent  laying  pipes  and  stringing  wires _ 222 

CHANCES,  sales  dependent  upon _  816 

CHEATS  AND  SWINDLES _ ------  795 

CHICKENS,  etc.,  at  large _ _ _ _ 538 

CHIMNEYS,  (see  Fire  Limits  and  Fire  Protection.) 

CIGARS,  no  sale  to  minors _ _  832 

CIGARETTES,  no  sale  to  minors _  745 

license  for  sale  of  (see  licenses) _  736 

CIRCUS  OR  MENAGERIES,  license  fee _  733 

CISTERNS,  water  for _ 950 


0  INDEX. 

CITY,  courts  take  judicial  notice  of,  existence  of _  6 

need  not  give  appeal  bond. _ _ _  177 

not  to  become  indebted,  etc. _ _ _ Cl.  5,  62,  91 

fiscal  and  municipal  year  of _ _ _ _ 359,  360 

seal  of _ _ _ _ _ _ _ 361 

wards  of _ _ _ 362  to  366 

inhabitants  of,  competent  jurors  _ _ _ 174 

improvements  by  special  assessments, _ _ R.  S.  J99,  p.  362 

may  buy  in,  special  assessments _ R.  S.  ’99,  p.  37-7 

tax  payer  may  enforce  right  in  name  of _  172 

records  of,  how  certified _ _ _ 215 

taxes  to  be  certified,  etc _ _ 111,  291 

may  establish  house  of  correction _  223 

may  construct  sidewalks  when _ _ _ 116,  294 

may  build,  purchase  or  extend  water  works _ 335  to  338 

may  levy  tax  for  water  supply _ 336,  349 

claims  against  city,  subject  to  set-off _  397 

CLERK,  ordinances  deposited  in  office  of _  46,  231 

when  to  be  elected _  49 

to  notify  persons  elected  or  appointed _  59 

may  call  special  election,  when _  60 

may  certify  ordinances _ _ _ _ __  65 

to  be  elected  92 

oaths  of  officers  to  be  filed  with  _ _ 75,  369 

bond  of  to  be  filed  with  treasurer  _ _ 75,  369 

receive  certificate  of  his  election  from  mayor _  76 

sign  commission  to  officer _ 76,  369 

not  to  hold  any  other  office _  80 

duties  of-keep  seal,  make  record,  etc _ _  81 

his  certificate  under  corporate  seal  evidence _  81 

keep  record  of  ordinances _ _  82 

may  administer  oaths _  87 

warrants  on  treasurer,  signed  by _ 98,  408 

give  copy  of  receipts  to  collector _  100 

perform  duties  of  city  comptroller,  prepare  estimates _ 104,  106 

keep  record  of  city  bonds,  when _  106 

may  appoint  subordinates _ 109,  413 

certify  records,  etc.  _ _ 215,  216 

false  certificate  _ _ _ , . . . 218,  381 

make  special  tax  list  for  sidewalks,  when _ 296,  297 

issue  warrants  to  collect  special  tax  for  sidewalks . . 297 

pay  over  sidewalk  tax  to  treasurer  . . . . . 297 

return  delinquent  tax  for  sidewalks,  etc.  _ _  297 

rebate  tax  on  destroyed  property,  when. _ _  309 

deliver  books,  etc.,  to  successor _ _ _ _ 369 

pay  over  money  and  make  reports _ .371,  379 

report  delinquent  city  officers _ _ _ _ _ 372 

records,  books,  etc.,  of  may  be  examined _ _ _ 375 

leave  of  absence,  how  obtained _ _  _ _  377 

liable  for  omission  of  duty _ _ _ _ 378 

settle,  with  committee  on  finance... . . . . ^  380 

to  receive  fees  for  city _ 382,  564 

provide  ballots  for  election _ _ _  404 

furnish  books  and  blanks  for  officers _ _  405 

attest  licenses _ _ _ _ _ 406 

issue  notices  for  council  meetings,  etc . . . . .  407 

keep  accounts  and  charge  officers  with  money,  etc _  409 


INDEX.  t 

keep  revenue  account  and  bill  book . . . . 410 

deliver  resolutions,  ordinances,  etc. . . . . . 411 

make  list  of  able  bodied  males _ _ 412 

not  to  be  interfered  with. . . ... _ _ _ 439 

ex-officio  clerk  board  of  health _ _ _ 446 

marshal,  etc.,  to  submit  estimates  to _ _ _ _ _ 467 

sexton  to  return  accounts  to _ _ 484 

treasurer  to  report  delinquent  officers  to _  498 

duplicate  warrants  issued  by  when _ _ 499 

inspector  of  weights,  to  deliver  copy  of  register  to _ 508 

procure  standard  weights  and  measures _ _ _ _ 517 

salary  of _ _ _ _ _ _ _ 86,  374,  526 

execute  a  bond _ _ 525 

affidavit  of  estrays  to  be  filed  with _ _ _ 541 

*•  register  and  post  estrays _ _ _ _ 542 

issue  burial  permit  in  absence  of  collector _ _  _ 553 

issue  receipts  in  absence  of  collector _ 554 

attest  deeds  to  cemetery  lots _ 563,  566 

fees  for  same _ _ _ _ _ _ _ 564 

notice  of  election  _ 609 

produce  ballots  when.. _ _ 615 

furnish  numbers  for  drays,  etc. _ 680 

applicants  for  license  register  with _ _ _  719 

receipt  for  lieense  fee  delivered  to _  723 

countersign  license - - 737,  761 

record  ordinances _ _ 82,  858 

provide  three  printed  copies  of _  859 

printed  ordinances  to  be  deposited  with _ 870 

police  magistrate  and  justices  to  make  report  to _  884 

duty  to  advertise  for  supplies _ 933 

COAL,  fuel,  clerk  to  advertise  for  _  933 

penalty  for  selling  less  than  2,000  pounds  for  ton _ _  514 

COLLECTOR,  to  be  appointed _ _ _ _ _ _ 368 

duties  of,  reports  and  statements _ 

_ 100,  101,  102,  371,  379,  414,  415,  416 

deliver  books  and  papers _ _ _ 369 

report  on  refusal  to  pay  over  or  settle  _ _ _ _ _ 372 

salary  of _ _ _ _ _ 86,  374,  526 

books  of  subject  to  inspection _ _  375 

leave  of  absence  how  obtained _  377 

liable  for  omission  of  duty _ _ _ -  _ _  378 

settle  with  finance  committee _ 380 

making  false  certificate _ ..  381 

to  be  charged  with  monies,  accounts,  etc. _ 409 

cemetery  accounts  to  be  delivered  to _ _ 484 

receipt  for  cemetery  fees _ _ _ 553,  554 

keep  cemetery  money  separate _ 560 

record  of  valuation  of  cemetry  lots  to  be  given  to _ _ f 61 

record  of  sales,  etc _ 565 

register  licensed  dogs  and  issue  tags _ _ _ 581 

cause  dog  notice  to  be  published _ 582 

certificate  of  redemption  of  dog _ _ _ 588 

new  tag  in  lieu  of  lost,  delivered... _ _ 590 

license  fee  to  be  paid  to . . . 733,  737,  750,  753,  777 

may  be  appointed _ _ _ _ 73,  74 

commissioned _ _ _ _ _ _ _ 76.  370 

adjustment  of  accounts  with  finance  committee _ ‘ _ 108 


8  INDEX. 

may  declare  water  rent  forfeited . .  936 

authorize  tapping  pipes.-- . . . . . . .  937 

advance  payment  for  water  rent  to  be  credited  by. . . 938 

permit  for  altering  water  fixtures . . 944 

application  for  water  made  to . . . . . 946,  947 

tine  for  waste  paid  to . . . . . . 951 

application  for  manufacturers  pipes  made  to... _ _ 955 

plumbers  to  make  report  to _ _ _ _ _ _ _  956 

notify  superintendent  of  water  works  of  default  of  payment  of 

water  rent . 961 

COLLECTORS  of  taxes,  settlement  with _  _ _ ..204,  208 

fees  of _ _ _ _ _ _ _ _ _ 250,  221 

COMBUSTIBLE  MATERIAL,  in  exposed  places _ _ _ 666 

COMMISSION  OF  OFFICERS . . . . '  . . 76,  370 

mayor  to  sign  . . . . . . . . . . . 383 

COMMISSIONERS  fire,  board  of _ _ _ _ _ 649 

COMMITTEES,  Council,  standing,  mayor  to  appoint _ _ 391 

COMPLAINTS,  form  of _ _ _ _ _ _ _  68 

may  be  amended  _ 878 

COMPTROLLER,  if  none,  clerk  shall  be _ _ _ _ _ _ 104 

CONCEALED  WEAPONS,  unlawful  to  carry... . . . . . 828 

flourish  in  threatening  manner . . . . . .  828 

CONSERVATORS  OF  PEACE,  power _ _ _  83 

CONSTABLE,  may  serve  city  process _ _ _ _ _ _  70 

CONTAGIOUS  DISEASES,  pauper  or  non-resident  notice _ 451 

board  of  health  to  make  regulations _ _ _ 451 

seclusion  of  infected  persons _ ... _  455 

persons  recovering  from  shall  not  appear  _ _ _ 833 

attendant  shall  not  appear _ _ _ _ _ _ 834 

animals,  infected  with _ 697 

CONTRACTS,  officers  not  interested  in  ... _ 33,  78,  239,  335 

not  to  make  without  appropriation _ _  91 

void  if  procured  by  officer. . . . . . . . 239 

CONVEYANCE  real  and  personal  estate _ _ _ _ 286 

CONVICT,  to  labor  on  street _ _ _  883 

COUNCIL,  messages  to _ _ _ _  25 

how  composed  . . . . . . . . . 29,  30 

term  of  alderman _ _ _ _  31 

vacancy  in  office  of  alderman _  _  32 

qualifications. . 33 

judges  of  its  members.. _ _ _ _  34 

rules,  expulsions,  bribery _ _ _ _ _  35 

quorum,  compelling  attendance _ _ 36,  394 

meetings  of _ _ _ _ 37,  390 

chairman  pro  tern _ _ _ _ _  38 

sit  with  open  doors _ _ _ _ _  39 

keep  journal _ _ 40 

yeas  and  nays  to  be  taken _ _ _ _ _ _ _ _  41 

when  vote  at  special  meeting  may  be  reconsidered _  42 

committee  report  deferred  when _ _ _ _ _ _ _  43 


INDEX. 


9 


territorial  jurisdiction  of . . . . . .  44 

special  meeting's  of,  how  called _ ....  . . .45,  393 

elect  mayor  pro  tem _ _ _ _ _ J _  17 

may  disapprove  of  removal  of  officer  when . . .  20 

passing  ordinance  over  veto  _ _  _  47 

may  divide  city  into  wards.. _  51 

designate  places  of  election;  give  notice . . . .  56 

appoint  judges  and  clerks  of  election _ _  56 

canvass  election  returns _ ...  57 

when  no  quorum  in  office;  call  election  . . . .  60 

call  new  election _ _ _  61 

general  powers  of _  62 

license  itinerant  merchants _ i _ _ _ Q’la 

may  direct  ordinances  to  be  published _  65 

provide  for  labor  of  prisoners _  68 

jurisdiction  over  street  labor _ 71.  71^ 

shall  be  elected _ _ _ _ _  72 

may  create  and  discontinue  offices _ .’ _  73 

may  prescribe  duties,  etc.,  of  officers _  _ 74 

oath  of _ 75 

journal  of,  kept  by  clerk _  81 

may  fix  compensation  of  officers _ _ .84  86 

compensation  of  alderman _  85 

pass  appropriation  bill _ 89 

make  temporary  loan _  90 

contracting  liabilities  limited _ 91 

treasurer  render  account  to _  95 

treasurer’s  report  to _ _ _ 96,  97 

fix  place  of  deposit  of  city  money _ _  96 

collector  to  report  to _  101 

define  duties  of  comptroller _ 105 

finance  committee  of,  appeal  to _  108 

may  levy  and  collect  taxes _ _ _ 111  to  115 

make  improvements  by  special  assessments _  116 

may  borrow  money  to  provide  water _ _ 169,  170,  171 

may  approvs  maps,  sub-divisions,  etc. _  173 

may  remove  cemetery  when _ 202 

establish  cemeteries _  203 

license  fee  for  saloons  to  be  paid  in  advance _ 211 

may  allow  costs  in  prosecutions _  219 

on  petition  mav  grant  leave  to  lav  pipe  and  string  wires _ 222 

may  establish  houses  of  correction _ _ _ ____ _ 223 

mav  not  license  house  of  ill-fame _  225 

may  establish  free  libraries _ ...  227 

alderman  not  to  hold  other  office  in  city _ _ _ 238 

may  determine  when  vacancy  exists,  when _ _ ...  244 

fix  salaries  of  city  offic  rs _ 86,  245 

may  not  change  salary  during  term  _ _ _ 245 

approve  appointment  of  oil  inspector.. _ 247 

fix  bond  of  oil  inspector _ 248 

may  close  public  buildings _  276 

may  require  flagman,  etc.,  at  R.  R.  crossings _ . _ ...  285 

may  sell  real  estate _ _ 286 

pass  ordinances  in  relation  to  persons  in  charge  of  steam 

boilers _ 300,  301 

power  over  location  of  street  railroads _ 304 

may  vacate  streets  when _ 307 

rebate  taxes,  etc.,  when  property  destroyed . . . 310 


10 


INDEX. 


levy  sewer  tax . . . . . . . 311,  312 

levy  tax  when  city  property  destroyed _ _ _  314 

consent  of  for  erection  of  poles  on  street _  317 

annexation  of  territory  by . . .  . 318 

disconnect  territory . . . . . . . . 329 

may  provide  for  issuing  warrants  in  anticipation  of  taxes _ 333 

power  to  supply  water,  etc . . . . ..  335 

may  acquire  water  works _ _ _ _ _ 342 

may  issue  bonds  for  water  works _ _ _ 169,  336,  353 

buy  or  construct  water  works _ _ _ _ _ _ _ 3*19 

fix  water  rates _ _ _ _ _ _ 356 

approve  official  bonds,  and  require  new  bonds .  369,  522 

may  examine  books  of  officers _ _ _  375 

finance  committee  of  may  fix  manner  of  keeping  books _ 376 

finance  committee  of  settle  with  city  officers _ _ _ 380 

standing  committee  of  and  reports  of . . . 391,  392 

finance  committee,  annual  meeting _ _ 396 

collector  to  report  to . . . . 416 

.engineer  to  report  to _ _ _ _ 422,  425 

fire  marshal  to  report  to _ _ _ _ 427 

firemen  divided  into  companies  by _ _ 431 

sexton  to  report  to _ _ _ 484 

lost  warrants  duplicate  of . . . . . . .  499 

water  works  superintendent  to  report  to _ _ .  504 

weighmaster  to  report  to _ _ . _ _ 520 

shall  not  be  surety _ _ _ 524 

salary  of _ _ _ _ _ 374,  526 

determine  value  of  cemetery  lots. . . . . . . 561 

provide  manner  of  sale . . . . . . . 562 

assess  cemetery  lots _ _ _ 563 

may  provide  pound..  . . .  ... . . . . . 586 

fix  time  and  place  of  taking  evidence  in  contest . . ..612,  613 

grant  permits  for  storing  gasolene,  etc. _ _ _ _ 672 

designate  place  to  remove  sick  and  dead  animals _ •_ _ 697 

may  revoke  licenses _ _ _ _ _ 725 

may  reinstate  license  revoked  by  mayor. _ _ _ 726 

grant  license  to  druggists _ _ _ _ 746 

may  grant  license  for  billiards,  etc . . .  752 

may  revoke  same _ _ _ _ _ 757 

grant  license  for  saloons _ _ _ _ _ _ _ _ _  759 

may  suspend  or  revoke  such  licenses.., _ _ _ 762 

grant  license  wholesale  liquor  .dealers  _ _ _  _  775 

permits  for  vault  under  sidewalk.  _ _ _ _ _ 898,  899 

to  name  paper  in  which  to  advertise  for  suppli*  s _ _ 0.33 

plumbing  inspector  to  report  to _ _ _ _ _ 967 


COWS  (see  animals,  parks,  streets,  pounds.) 

CRIMINALS,  reward  for . . . . . . 388 

CROSSINGS,  to  be  cleaned  _ _ _ _  488 

railroad  company  not  to  obstruct..,.. _ _ _ _ _ 888 

vehicles  not  to  stand  on _ * . . . . . . 904 

steam  not  allowed  to  escape  at _ _ _  891 

railroad  company  to  construct  and  maintain . . .  892 

manner  of  constructing _ _ _ _ _ _ 892 

repair  of,  notice  for . . . . .  892 

city  may  construct,  on  default. . . 892 

CURBSTONE,  injury  to. . . . . . .  786 


INDEX. 


1  1 

CURFEW,  (see  Chapter  XXVII.) 

CUSTODIANS,  have  care  fire  apparatus  subject . . . . 444 

wages  of _ _ _ _ _ _ _  _ _ _ 526 

uniform . . . . .... . . .  533 

DEAD,  permit  for  burial  of _ _ . _ _  552 

body  not  to  be  removed  without  permit _ _ _ _ 551 

animals  to  be  removed  and  buried _ _ _ 549,  697 

DEBT,  not  to  be  incurred _ _ _ _ _ p.  10 

DEED,  mayor  to  execute  cemetery  . . . . .  . 563 

DEFENDANT,  if  name  unknown . . . . . . . . .  879 

DEPARTMENT  OF  HEALTH,  (see  health  department.) 

DEPARTMENT  OF  POLICE,  (see  police  department.) 

DEPOT  GROUNDS,  soliciting  passengers,  etc.,  on _ 895,  896 

unlawful  to  loaf  around _  793 

DIPHTHERIA,  (see  infectious  diseases,  Chapter  XI,) 

DISORDERLY  HOUSES,  (see  houses  of  ill-fame) _ _ 814 

DOGS,  owner  to  report,  register  of _  580 

registering — tags _ 581 

notices  to  be  published _ _ _  582 

owner  must  provide  collar _ _ _  583 

muzzling _ 584 

running  at  large _ . _ _  585 

impounding  of _ _ _ . _ 586 

marshal  to  employ  assistants  . _ _ _ _ _ 587 

redemption  from  pound,  destruction  of _  588 

record  of  impounding _ _ _. _ _  589 

lost  tag.. _ _ _ 590 

deception  or  interference  with . - _ _ 591 

on  owner’s  premises _ _  . _ _  592 

in  heat  not  to  run  at  large _ .. _ _ _  593 

barking  and  howling,  nuisance... _ _ 594 

fierce  or  dangerous,  at  large _ _ _ _ _ _  595 

of  non-resident  not  included _ _ 597 

encouraging  to  fight _ 829 

DOORS,  of  public  halls  to  swing  out _  657 

DRAINS,  permit  to  construct  and  plan _  _ 423,  598 

plan  of  construction _  599 

constructed  under  direction  of  street  superintendent _ 600 

use  of  private,  compensation.. _ _ _ _ _ 601 

permission  of  council  required  _ _ _ _ 602 

penalty _ _ 603 

discharge  of  noxious  matter  into _ 604 

discharge  of  steam  into _ .. _ _ _ 605 

obstructing  with  solid  matter _ _ _ _  606 

protection  of  openings _ 607 

within  building  by  licensed  plumber _ 966 

DRAM  SHOPS,  (see  licensed  saloons) _ Chapter  XLV  and  209  to  214 

DRAYMEN,  (see  hackmen  and  draymen.) 

DRIVING,  fast,  penalty _ _ _ _ _ _  _  912 


12 


TNDEX. 


DRUGGISTS,  permits  to  sell  liquors _ _ _ _ _  746 

must  give  bond . . . . . . . . . 746 

to  have  prescription  of  application . . . .  747 

to  keep  registry  of  sales. _ _ _ _ _ _  748 

penalty . . . . . . . . 749 

fee  for  permit . . . . . . . 750 

DRUNKENNESS,  public... . . . . .  . ...  818 

DYNAMITE,  transportation  of  and  storage  of _ _ _  622 

concealment  of _ _ _ _ _ _ _ 628 

negligence  in  relation  to _ _ _ _ _ _ 624 

amount  to  be  carried  at  one  time _ _ _ 624 

ELECTION,  annual _ 48 

of  city  officers _ _ _ _  49 

polls  when  open _ _ _ • _ _ 49 a 

who  entitled  to  vote _ _ _ _  50 

wards _ t _  51 

aldermen  at  first  classified _ ’ _  52 

minority  representation _ _ 53 

aldermen  under  minority  plan _ _ _ 54,  54a 

'  place  of  notice _ _ _ _ _ _  56 

manner  of  conducting _ _ _ _ • _ _ _  57 

result — tie _ _ _ 58 

notice  to  persons  elected  or  appoints  d _  59 

when  no  quorum  in  office,  special  election _  60 

special  elections... _ _  61 

of  police  magistrate _ _ 273 

contest  of  alderman . . ‘ _  610 

city  council  tribunal  of  contest _ _ _  34 

statement  to  be  filed  with  city  clerk _ 610 

copy  to  be  served  upon  opponent _ 611 

procedure. _ 612 

limil  of  time  for  taking  proof _ 613 

testimony  to  be  filed — referred  to  committee _ 614 

when  election  void _  616 

ballots  to  be  opened  and  recountecbin  contest _ 615 

general  provisions _ _ _ _ _ ...289,  290 

ELECTRIC  WIRES  AND  POSTS,  injury  to . . . . . . 786 

light  poles,  etc.,  posting  bills  on  prohibited _ , _ _ _  789 

EMERGENCY,  power  to  borrow  money  in _ _  90 

ENGINEER,  CITY,  council  may  provide  for . . . . .  73 

report  of  fees,  etc _ ^ _ .... _  _ 86 

salary . . . . ± _ _ _ _ 86,  374.  526 

to  be  appointed  by  mayor _ 367 

must  deliver  books,  etc . . . . — . 869 

pay  over  moneys _ _ _ _ _ _  .  371,  379 

refusal  to  pay  over  reported _ _ _ _ 372 

liable  for  omission  of  duty _ _ _ _ _ •_  878 

fraudulent  certificate  by _ _ _ _ _ _ _ • _  381 

may  demand  fee  _ _ _ _ _ _  .  • . 382 

duties  of _ . - - ------ . . ... . 417 

to  establish  grades,  superintend  public  works,  etc . .  418 

to  inspect  material,  etc.,  when  required _ _ — . —  419 

keep  plats,  grades,  boundaries,  etc . . . . . —  420 

employ  necessary  assistants . . . . . 421 


INDEX.  13 

make  surveys  and  pay  fees  to  treasurer. . . . 422 

issue  permits  connecting  private  drains  with  public . 423,  598 

verify  plats.-.. . . . . . . . 1.  424 

make  annual  report... . . . . . . 425 

bond  of. . . . . . . . . 525 

control  of  house  numbering _ 712,  713 

not  to  be  molested _ _ _ .» - - - 830 

notice  by  to  railroad  company . . . . 892 

builder  must  get  line  of  street  from _ 918 

may  aid  in  establishing  parkways _ 931 

plumbing  inspector,  his  power  and  duties  as  such.. .967  to  970,  972 

plumbing,  etc.,  tested  in  presence  of _ _ _ 994 

final  test  made  in  presence  of _ _ _ _ _ 997 

ENGINEER,  R.  R.,  not  to  obstruct  street _ _  888 

limit  of  speed _ _ _ _ _ _ _ 889 

shall  not  sound  whistle  except _ _ _ 891 

ESTIMATES,  city  clerk’s  annual . . . . . . 104 

superintendent  of  streets  annual _ _ _ _ 496 

superintendent  of  waterworks  anuual _ 104 

city  marshal  annual _ 467 

ESTRAYS,  clerk  post  notice  of _ 542 

proceedings  against _ 545 

EVIDENCE  of  ordinances,  ordinances  to  be _ 64,  65 

certified  copy  of  record _  82 

records,  how  certified _ _ 215 

sworn  copies _ 217 

reputation,  house  of  ill-fame  sufficient _  801 

EXCAVATION,  in  streets _  915 

EXHIBITIONS,  license  for _ _ _ 718,  733 

EXPENDITURES,  not  to  exceed  appropriations _  90 

not  to  be  made  without  appropriation _  91 

EXPLOSIVES,  (see  Chapter  XXXI.) 

FALSE  ALARM  OF  FIRE _ 439 

FALSE  PERSONATION  OF  FIREMAN _ ... _ 436 

FARES,  (see  hackmen  and  draymen.) 

FARMERS  AND  GARDENERS,  sales  by... _ 229,  721,  733 

FAST  DRIVING,  prohibited - 911,  912 

FEES,  not  increased  nor  decreased  during  term  of  office _ 

- pp.  9,  10,  Sec.  86 

to  be  reported  to  mayor _ _ 86 

police  magistrate  and  justices _  219 

of  town  collector _ 220 

of  county  collector _ 221 

of  oil  inspector _ 526 

of  health  officer  and  board  fixed  by  council _ 526 

of  inspector  of  weights,  etc. _  512 

of  weighmaster _ 526 

of  city  officers  for  permits,  deeds,  records  and  oaths _ 382 

for  burial  of  dead _ 556 

for  removal  of  bodies _  _ 556 


14 


INDEX. 


for  license,  (see  licenses.) 

for  surveys _ _ _ _ _ ...  422 

of  hackmen _ _ 681 

of  draymen _  _ _ _ 685 

of  plumbing- inspector _ _ _ _ _ 969 

FENCE,  may  be  destroyed  when _ 442 

FENCES,  etc.,  not  hitched  to _ _ _ _ _  930 

line  obtained  before  build  ng _  918 

hedge  or  wire — not  within  five  feet _ 918 

FIGHTING,  etc _ 812 

FINANCE,  fiscal  year _ _ 88.  360 

annual  appropriation  ordinance _  89 

limitation,  emergency,  borrowing  money _ _ _  90 

contracting  liabilities  limited _ _  91 

duties  of  treasurer _  92 

separate  accounts,  by  treasurer _  93 

treasurer  shall  give  receipts _ _ _ _  94 

treasurer  render  monthly  statements,  warrants,  etc _  ..  95 

treasurer  deposit  funds  separate _ 96 

treasurer’s  annual  report,  publication _ _  97 

warrants  how  drawn _ * _ _ _ _  98 

special  assessment  fnnd,  kept  separate _ „ _  99 

duties  of  collector _ , _ _ _  100 

collector  shall  report,  publication _  101 

collector  not  to  detain  money,  penalty _ _  102 

books  open  to  inspection,  paying  over  money _  103 

duties  of  comptroller _  104 

council  may  define  duties  of  comptroller,  trans  er  of  clerk’s 

duties _  105 

record  of  bonds  issued  bv  city _ _  106 

council  may  require  further  duties _  107 

appeal  to  finance  committee _  108 

committee  to  be  appointed _  391 

committee  meet  annually  before  April  15,  examine  reports  ...  396 

FINES,  paid  to  treasurer _ _ _  _ _  67 

how  recovered _ •. _  68 

oil  inspection,  how  recovered _  254 

(see  penalties,  etc.) 

FIRE  ARMS,  (ses  Chapter  XXI.) 

cartridges,  loaded  shells,  license  for _ 617 

discharging  cannon,  gun,  etc.,  prohibited _ 626 

firing  toy  pistol,  torpedo,  except,  etc _ _ _ 627 

selling  gun,  pistol,  etc.,  to  minor  prohibited... _ 628 

FIRE  COMMISSIONERS,  (see  Chapter  XXXIII.) 

FIRE  DEPARTMENT,  tax  insurance  companies  for _  714 

established — how  constituted _ 426 

fire  marshal  shall  control,  annual  report.. _ • _ 427 

may  prescribe  limits  at  fire _ ...  _ 428 

shall  investigate  fires,  keep  record _ _ _  429 

general  duties  of  assistant  fire  marshals _ , _ ^ _  430 

firemen  divided  into  companies,  number  of _ 431 

companies  may  adopt  rules _  432 

duties  of  companies  in  case  of  fire _ _ _ 433 

exempt  from  labor  and  jury  duty _ 434 


INDEX.  15 

penalty  for  obstructing  hydrants . . . .  435 

unlawful  to  personate  firemen  at  fire  ... . . . . 436 

every  person  must  obey  fire  marshal  at  fire — may  arrest _ 437 

fire  marshal  may  require  aid  of  licensed  teams _ 438 

false  alarm  of  fire - - - 439 

no  one  may  offer  hindrance  at  fire _ _ _ 439 

shall  not  injure  or  interfere  with  apparatus _ 439 

fire  apparatus  not  to  be  used  for  private  purposes . . . 440 

fire  companies  and  engine,  go  out  of  city  when _ 441 

may  tear  down  and  blow  up  buildings,  etc. _ 442 

penalties _ _ _ 443 

custodians,  their  duties. _ _ I _ 444 

FIRE  LIMITS,  what  are _ 629 

building  prohibited  except  as  provided _ _ _ 630 

fire  marshal  to  grant  permits  on  application _ 631 

how  buildings  shall  be  constructed _ 632 

how  chimneys  shall  be  built _ _ _ 633 

wooden  buildings  not  to  be  repaired  or  removed.  _ _ 634 

smoke  house,  etc.,  to  be  of  stone _  635 

certain  buildings  may  be  wood _ _ _ 636 

shelter  sheds  may  be  of  wood  when _ _ _ 637 

penalty  for  violation  of  chapter _ 638 

roofs - 639 

damaged  building  may  be  condemned _ _ _ 640 

arbitrators  may  be  chosen,  fees  of  and  proceeding _ 641  to  645 

FIRE  MARSHAL,  powers  and  duties _ _ Chapter  X 

to  be  notified  of  location  of  explosives _  625 

salary - 526 

bond - 525 

FIRE  PIPES,  may  be  permitted _ _ _  955 

FIRE  PROTECTION,  fire  commissioners  constituted . . . . 649 

duties  of  board _ 650 

enforcing  orders  of  board _  651 

penalty  for  non-compliance  with  order _ _ _  652 

inspection  of  chimneys  and  flues _  _  653 

examination  on  complaint _ _ 654 

fire  escapes  on  certain  buildings _ 656 

chairs  not  to  be  placed  in  aisles _ _ _ 657 

doors  of  halls,  etc.,  to  swing  out _ _ _ 657 

fire  extinguishers  required _ 658 

firemen  at  theaters _ 659 

stairways  in  public  halls _ 660 

exits  in  public  buildings . 661 

stairways  in  hotels  and  lodgings _ 662 

lodging  rooms  to  have  rope  _ _ _ _ _ 663 

nightwatchmen  in  hotels _ 664 

care  of  ashes _ 665 

care  of  straw  and  light  conbustibles _ _ _ 666 

careless  use  of  fire  _ _ _ _ _ _ 667 

penalties _ 668 

FIREMEN’S  RELIEF  FUND.. _ _ _ _ _ 714.  717 

FIRE  WORKS,  ('see  fire  arms,  etc.) 

not  to  be  set  off  or  exploded,  except _ _ _ _ _  627 


INDEX. 


16 

FISCAL  YEAR,  defined . . __ . 1 .  88 

fixed.... . . . . . . . . . .  360 

FISH,  unwholesome  prohibited  _ _ _ _ _ _ _ _ _ 692 

FLAGMEN,  may  be  required  at  crossings _ _ _  285 

shelter  for... . . . . . . . . . . 285 

FOOD,  (see  health.) 

FORNICATION,  (see  houses  of  ill-fame.) 

FOWLS,  at  large . . . . . . . 538 

FRANCHISES  . . . . . pp.  253  to  258 

FRAUDULENT,  certificate  by  city  officer . . . . . 381 

FRAUDS  IN  WEIGHTS  AND  MEASURES. . . . . . . .  514 

FRUIT,  not  to  be  sold  in  wine  measures . . . . . 514 

GAMES,  licensed,  (see  Chapter  XLIV.) 

in  dramshops  prohibited _ 766 

in  public  places _ 839 

GAMING,  unlawful  to  keep  device  or  place  for _ _  .  823 

nnlawful  to  engage  in _ _ _ 824 

possession  of  implements  prohibited _  825 

frequenting  gaming  houses _ _ _ _ 826 

place  kept  for,  nuisance . 855 

GARBAGE,  (see  scavenger.) 

GAS,  pipes,  laying  must  petition  for _ _ _ 222 

GASOLENE,  NAPTHA,  ETC,,  unlawful  to  keep  more  than  two 

barrels _  ...  669 

not  more  than  one  barrel  above  cellar _ 670 

not  to  be  stored  in  front  of  building,  etc. _ _ _ 671 

city  council  may  permit  more  to  be  stored _ 672 

to  be  sold  by  daylight  only _ _ _  _ 673 

penalty _ 674 

GATES,  not  to  be  swung  over  walk _ _ _  929 

GRADES,  on  public  square.. _ _ 675 

of  streets _ 676 

GRAVES,  depth  of. _ 570 

not  to  be  dug  in  street  or  alley _ _ _ _ 572 

opening  of _ 573 

digging  in  lot  without  authority . . . . 572 

GUN,  PISTOL,  etc.,  not  to  be  discharged: _ _ _ 626 

GUNPOWDER,  sale  and  storage  of _ _ _ 617 

sign  to  be  shown,  sales  after  night. . . . . 618 

concealing.. . . 619 

transporting - 620 

manufacturing  of _ 621 

transportation  of  dynamite,  etc...... _ 622 

concealing  powder  or  explosives _ 623 

negligence  with  relation  to _ _ _ _  .. _ 624 

notify  fire  marshal  where  stored.. . . . .  625 

removal  in  case  of  fire  . . . . . . 625 

sale  of,  license  fee _ _ _ _ _ _  733 


INDEX. 


17 


GUTTER,  not  to  be  obstructed ... . 791,  914 

HACK  at  depot  must  have  placard  showing  charges - - 895 

HACKMEN  AND  DRAYMEN,  shall  carry  passengers  and  goods _ 677 

responsible  for  baggage,  etc.. - - 678 

shall  wear  badges _ 679 

licensed  vehicles  to  have  numbers.- _ _ 680 

hackmen’s  charges  fixed.. - - - - 681 

lost  articles  to  be  delivered  to  police  by _ _ _ 682 

drays  to  have  name  and  number - - - - - - 683 

hacks  and  vehicles  carrying  passengers  to  fair  grounds,  etc.  _  684 

draymen’s  charges  fixed . . . . . 685 

this  chapter  to  be  posted  in  vehicles _ _ _ 686 

penalty  for  overcharge _ _ _ _ _ 687 

drayman  defined - 730 

hackman  defined _  730 

drayman’s  license  fee - - - - -  733 

hackman’s  license  fee - - -  733 

HAND  BILLS,  must  not  be  posted  where _  789 

annoyance  by  distributing _ _ 839 

HAWKERS,  prohibited . 732 

HAY,  (see  wood  and  coal.) 

stacking  in  exposed  place  _ _ _  666 

HEALTH,  ordinance  may  be  enforced  outside  of  city _ _  44 

offensive  water  and  other  liquids _  688 

garbage  not  to  be  thrown  in  privies . . . . . .  689 

privies,  where  and  how  built _ _ _ 690 

privies,  foul  to  be  cleaned _ _ _ _ 691 

unwholesome  food  not  to  be  sold _ ....... . . .  _  692 

calves,  pigs,  etc.,  age  of _ _ _ 693 

swill,  milk,  skimmed,  watered,  etc. _ _ _ 694 

inspection  of  meats,  etc _ _ 695 

cattle  to  be  kept  in  wholesome  places _  696 

dying  or  diseased  animals  to  be  removed _ _ _ 697 

no  building  used  so  as  to  create  nuisance . . . .  698 

penalty - 699 

HEALTH  DEPARTMENT,  established,  how  constituted,  appointed  445 

mayor  and  clerk,  president  and  secretary  ex-officio _ 446 

meetings  of _ 447 

quorum _ _ 448 

powers  of  board _ _ _ _ ...449  to  451 

orders  of,  how  executed _ 452 

may  order  police  to  inspect  streets  and  premises _ 452 

premises  to  be  kept  free  from  filth,  how  removed . . 453 

physicians  to  report  contagious  diseases _ _ _ _ 454 

seclusion  of  person  infected  with  contagious  diseases . . 455 

notice  of — tearing  down _ _ 455 

health  officer  may  compel  vaccination . . . .  456 

penalties _ 457 

health  officer  to  call  meetings _ _ _ _ 458 

board  to  keep  correct  accounts  and  make  reports _ _ 459 

compensation  of  members _ _ _ _ _ _ _ _ 526 

health  officer’s  bond _ _ 525 

unlawful  to  inspect  or  examine  houses  of  ill-fame _  225 

board  may  inspect  butcher  shops,  etc. _ _ _ 695 


18 


INDEX. 


HEDGES  on  street  line . ,. . . . . ' . 918 

HORSES,  (see  animals  Chapter  XXV.) 

etc.,  frightening _ _ _ _ _ _ _  785 

aid  of  required  to  draw  fire  engines _ _ _ 438 

fast  driving  prohibited _ _ 911 

racing.. _ 912 

standing  uuguarded  or  unhitched _  907 

diseased  to  be  removed _ 697 

not  to  be  on  siddwalks... _ _ _ _ 904 

not  to  obstruct  cross-walks _ _ _ _ _ 904 

not  to  be  hitched  to  feed  where _ __ _ _ _  909 

not  to  be  driven  or  lead  on  parkways,  etc. _ _ 930 

HOSE,  wilfully  throwing  water  from  .. _ _ _ 811 

injury  to. . 439 

size  of — leaky  prohibited . . . . . . 954 

HOSPITAL,  public,  city  may  contribute  to . . . . R.  S.  '99,  p.  252 

HOTEL  RUNNERS,  at  depot..-— . . . 893  to  896 

HOUSE  MOVING,  must  obtain  permit . . ._ . . . 700 

route  of  removal  designated . . . . . 701 

work  diligently  prosecuted _ _ _ _ _ _  702 

injury  and  obstruction  from _ _ _ _ _ 703 

notice  of  daily  progress _ _ _ _ _ _ _  704 

bond  required  _ _ _ _ _ _ _  705 

penalty _ 706 

HOUSE  NUMBERING _ _ _ _ 707  to  713 

HOUSE  OF  CORRECTION,  maybe  established _ _ _ 223 

HOUSES  OF  ILL-FAME,  power  to  suppress _ _ (Cl.  45)  62 

unlawful  to  license _ 225 

keeping  prohibited _ _ ... _  797 

renting  buildings  for.. _ 798 

inmates - - - . - .'. . . . . . 799 

enticing  females  to  enter _ ... _ _ _ _  800 

declared  a  nuisance.. _ _  _ _ _ _ 855 

abatement  of _ 856 

HYDRANT,  wilfully  throwing  water  from _  _ _ _ 811 

injury  to _ _ _  _ _ Chapter  LVIII, 

ICE,  (see  health.) _ _ _ _ _ _ _ _ _ _  _ 728 

ILL-FAME,  houses  of  (see  houses  of  ill-fame.) 

IMPRISONMENT,  term  not  to  exceed  s;x  months . . . .  68 

none  without  trial  by  jury  or  waiver  in  writing _  226 

IMPROVEMENTS,  made  by  general  and  special  tax,  special  assess¬ 
ments,  etc.,  for.. _ _ _ _ _ _ _ _  _ 116 

INDEBTEDNESS,  cannot  be  released  by  general  assembly... . p.  9 

private  property  not  liable  for _ p.  10 

not  to  exceed  5  per  cent,  of  valuation _ .  .. _ r.p.  10 

INDECENT,  conduct,  dress,  language _ _ _ 802,  803 

pictures,  books,  etc _ _ _ _ _ _ 804 

writing  or  drawing,  etc _ _ _ _ _ _ _ _  796 

place  performing,  etc. _ _ _ _ 805 

display  of  animals . . . . . . . . . . 796 


INDEX. 


19 


INFECTIOUS,  diseases  (see  contagious  diseases.) 

INJURY,  to  Are  apparatus _ _ _ _ _ 439 

other  city  property _ _ _ _ _ _ _ 439 

private  property.. . . . . . . 786  to  788 

property  in  cemetery _ _ _ _ _ _ _  571 

public  property _ _ _ _ _ _ 786  to  788 

INSPECTOR,  MINERAL  OILS,  appointment  and  term _ _ 247 

oath  and  bond _ _ _ _ _ _ _ _ 248 

to  test _ _ _ _ _ _ 249 

test,  casks  marked,  not  to  trade  in . . . 250 

keep  record _ _ _ _ _ _ _  ..  251 

misconduct  of,  penalty _ _ _ _ _ 252 

sales,  etc.,  illegal  without  inspection  ... _ _ 253 

fines  how  recovered  and  disposed  of _ _ _ _ 254 

oath  and  bond  of . . . . . . 460 

INSPECTORS,  PLUMBING,  (see  engineer  and  plumbing.) 

not  to  be  interested  in  plumbing _ _ _ _ _ 967 

to  have  authority  of  policeman _  967 

shall  have  access  to  building _ _ .. _ _ 968 

shall  report  defective  plumbing  to  mayor _ _ _ _ 968 

shall  inspect  plumbing,  etc.,  when  requested - _ - 969 

fee  for  inspection  of _  969 

to  see  plumbing,  etc.,  tested . . . 994  to  997 

INSPECTOR  OF  WEIGHTS  AND  MEASURES,  office  created  ....  367 

duties  of _ _ _ _ _ _ _ _ 506  to  509 

not  to  sell  weights  and  measures _ _  510 

inspection  but  once  a  year,  except. _ _ _  511 

fees  of  inspector _ _ _ _ _ _ _ _  512 

all  weights  and  measures  to  be  inspected _ _ _  513 

penalty  for  using  weights  and  measures  n»t  inspected _ 515 

penalty  for  hindering  inspection. _ _ 516 

clerk  to  procure  standard _ _ _ _  517 

INSPECTION  of  cattle,  meats,  milk,  fish,  fruit,  vegetables,  etc _ 695 

INSURANCE,  tax  on  foreign  companies _ 714  to  717 

INTEREST  on  warrants _  334 

INTERFERENCE  with  police.. _ A . . 439,  817 

INTOXICATING  LIQUOR,  supplying  to  prisoners _ v _ _ 886 

see  licensed  druggists. 

see  liquors,  unlicensed  sale  of 

see  saloons. 

see  wholesale  liquor  dealers. 

ITINERANT  MERCHANTS,  license  fee _  733 

who  are _ _ 731 

JACK,  indecent  display  of _  796 

braying  of _  849 

JUDGES  OF  ELECTION,  how  appointed  _  56 

may  appoint  clerks  to  fill  vacancies _ : _ _ _  57 

to  make  returns _ 57 

JUDGMENT,  provide  for  payment  of _ _ _  90 

by  default,  etc _ 880,  882 


*20 


INDEX. 


JUNK  DEALERS,  license  fee . . _ _ 733 

defined- _ _ _ _ _ _ _ _ 872 

not  to  purchase  of  minor,  etc. _ .  _1_ _ 876 

JURISDICTION,  of  council _ ___ _ 44,  (Cl.  45)  62 

of  justices  in  city  cases _ _ _ _ 69,  69*,  273 

JURORS,  inhabitants  of  city  competent _ _ _  174 

JURY,  no.imprisonment  without,  unless  waived  . 1 _ 226 

JUSTICES  OP  THE  PEACE,  jurisdiction _ 69,  69*,  273 

jurisdiction  in  oil  inspection  cases _ _ 254 

keep  docket  of  city  cases _ _ _ _  877 

report  monthly  to  city  clerk _ _ 884 

pay  fines  into  city  treasury _ _ _  884 

fees  and  compensation _ _ ___  526 

LABOR  of  persons  on  streets _ 68,  883 

penalty  for  refusing-  to  labor _  883 

on  streets,  council  may  require  _ _ 71* 

condition  of _ _ ■_ _  71* 

list  to  be  made  by  clerk  when _ _ _ _ 412 

superintendent  of  streets  to  direct,  collect  for,  etc _ 495 

LAMPS,  injuring- or  exting-uishing _ - _ _ - _  826 

LANDMARKS,  removal  of  prohibited _ _ 830 

LEWD  CONDUCT-.- _ 802 

LEWD  PICTURES _ , _ ..  804 

LEWD  PLAY _ _ ’ _ _ 805 

LICENSES,  business  requiring _ 718 

applicant _ _ _ _ _ 719,  736,  746,  752  759,  775 

liability  of  emp'oye  or  clerk _ _ _ _ _ _ : _  720 

farmers,  gardeners,  etc.,  exempt _ _ _  721 

duration  of  license _ 722 

good  moral  character,  advance  payment,  signed  by  clerk  and 

mayor _  _ : _  723 

of  partners _ , _ _ _ 724 

subject  to  ordinance,  transfer,  at  only  one  place _  725 

mayor  decide  application,  revocation,  appeal  _ 726 

does  not  permit  obstruction  of  streets,  etc _ _  _ _ _  727 

peddler  must  use  sealed  weights,  etc _ _  728 

auctioneer  defined _ 729 

hackman  defined _ 730 

drayman  defined _ 730 

itinerant  merchant  defined _ 731 

hawkers  prohibited _ 732 

fees  for  several  businesses,  etc _ 733 

to  saloons _ _ _ _ 758  to  774* 

to  druggists _ 746  to  750 

wholesale  liquor  dealers _ _ — , —  775  to  778 

may  be  revoked _ _ _ —  726,  757,  762 

may  be  suspended _ 762 

for  dogs _ _ _ 580,  581,  590 

not  to  be  granted  for  longer  term  than  one  year _ -----  722 

expire  when - - - 722,  738,  746,  761,  775 

mayor  decide  on  applications  for _ 726 

collector’s  receipt  for  fee - - - - —  r--  723 


INDEX.  2L 

LICENSED  CIGARETTES _ _ _ 736  to  745 

LICENSED,  DOGS  to  be _ _  580 

LICENSED  DRUGGISTS,  permits  for  sale  of  liquors  may  be 

granted _ _ _  746 

to  end  first  Monday  of  May _  746 

permit  only  for  sale  for  medicinal,  mechanical,  sacramental 

or  chemical  purposes _ _ _ _ _ , _ 746 

bond  to  be  given,  conditions _ 746 

no  liquor  to  be  sold  except  for  medicinal,  etc.,  purposes _ _ _ 747 

none  to  be  delivered  except  at  place  of  business _ _  747 

not  sold  to  be  drank  upon  the  premises _ __, _ _ _ 747 

must  have  written  prescription  or  application _ - _ ' _ 747 

book  of  sales  to  be  kept _  748 

penalty  for  violation _ 749 

license  fee _ 750 

LICENSED  GAMES _ 751  to  757 

enumerated  and  license  required _  751 

application  for  to  be  made  to  council _ _  752 

how  granted  and  used _ 753 

fee  for  billiard  tables,  etc _ , _ _ _ 754 

boys  under  18  not  to  play  or  be  in _ _  755 

good  order  kept _ _ : _ , _ 756 

LICENSED  SALOONS,  (see  saloons.) _ , _ 758  to  774 

fee  in  advance _ _ r _ 211,  723 

LICENSED  WHOLESALE  LIQUOR  DEALERS,  no  license  unless 

vote  in  favor  of _ _ . _ _____  775 

licensefee. _ _ _ _ _ 1 _ _ ___ _ _ _ 776 

applicant  to  give  bond _ ______ _ __. _ _ ._  777 

not  to  sell  in  less  quantities _ _ _ _ _ _  778 

no  delivery  except  at  place  of  business _ _ _  778 

not  to  be  drank  upon  the  premises  or  place  of  public  resort-. _  778 

not  to  be  sold  to  minors  nor  inebriates.  ---- _ _ _ _ _ __  778 

-  -  -  .  l:  ... 

LIENS  FOR  PUBLIC  IMPROVEMENTS. .. _ _ _ 228 

for  water  rents _  _ _ _ _ _ 959,  960 

LIQUOR,  unlicensed  sale  of  prohibited  : _ _ 779  to  782 

LIGHT,  injury  to  gas  or  electric  _ _ _ _ _ _ 826 

interferance  with  signal _ _ 826 

LIGHTING  STREETS,  tax  for _ _ _ _ _ 312 

LOCOMOTIVES,  (see  railroads.) 

LOST  WARRANTS,  issue  of  duplicates,  etc _  499 

MAGISTRATE,  to  commit  prisoners _  _  68 

MAILING  BOX,  injury  to  _ _ _  786 

MARKETING  PRODUCTS,  farmers,  etc.,  may _ _ 229 

MARSHAL,  CITY,  commissioned _ _ _ 76,  370 

conservator  of  the  peace,  powers _ _ _  83 

compensation  and  how  paid _ _ _ _ 86,  374,  526 

semi-annual  report  to  mayor _ _  86 

devote  his  whole  time  to  city,  general  duties _ 237,  463,  464 

to  be  appointed,  term  of _ 367,  368,  462 


Of) 


INDEX. 


deliver  books  to  successor . . . 369 

pay  over  moneys  and  report  to  council _ _ _ _371 ,  379,  464,  466 

failure  to  pay  over  reported . . . . . . . 372 

books  subject  to  examination . . . . . 375 

leave  of  absence,  how  obtained . . . . . 377 

liable  for  omission,  etc.,  of  duty _ _ _ 378 

false  or  fraudulent  certificate  by  _ _ _ _ 381 

not  to  be  hindered  in  performance  of  duty _ 439,  817 

notice  by  board  of  health  to  be  served  by  _ _ 451,  452 

attend  meetings  of  board  of  health _ _ _ 452 

abate  nuisances  and  examine  streets  as  directed  by  board  of 

health. _ _ 452 

arrest  persons  violating  sanitary  regulations _ 452 

notice,  etc.,  to  owner  of  offensive  premises _ 453 

care  of  patrol  wagon  and  horses _ _ _ _ 465 

make  annual  estimate  of  expenses,.- _ 467 

bring  criminals  to  justice _  469 

police  under  direction  of _ _ 470 

arrest  offenders  with  or  without  warrant _ 472 

may  call  aid _ _ 1 _ _ 472 

direct  travel  and  movement  of  persons  and  teams _  473 

attend  fires. _ _ _ 474 

penalties  for  negligence _ _ 475 

bond  of _ 525 

uniform  of _ 529 

to  provide  pound  for  animals _ _ _ 539 

shall  take  up  animals _ 540 

leave  description  thereof  with  clerk _ 542 

animals  taken  up  by,  care  for _ _ _  543 

redemption  of  animals  from _ _ _ _ 544 

animals  not  redeemed,  complaint  before  magistrate _  _ 545 

fees  for  taking  up  animals,  care  of,  etc. _ 543,  546 

may  employ  assistants  in  taking  up _ _ _  547 

monthly  report  to  council  of  animals  taken  up _ _ _ 548 

shall  enforce  curfew  ordinance  ... _ 579 

take  up  and  impound  dogs  _ _ _  _  586 

may  employ  aid  in  doing  so _ _ _ 587 

destroy  dogs  not  redeem*  d _ _ 588 

keep  record  of  dogs  impounded _  589 

notice  of  fire  department  served  by _  646 

notify  owner  of  offensive  privy _  691 

may  inspect  druggists  books _  748 

to  abate  nuisances  _ _ _ 452,  851,  852,  853,  856 

keeper  of  city  prison _ _ _ _ _ _  886 

notify  owner  of  unlawful  awning _ _ _ _ _ 917 

enforce  ordinance  relating  to  heavily  loaded  wagon _ _ _ 924 


MAYOR,  qualifications  of,  term _ 

vacancy  in  office,  how  filled _ 

mayor  pro  tem _ 

vacates  office  by  removal _ 

preside  in  council,  casting  vote _ 

when  may  remove  officers _ 

power  to  keep  the  peace  _ 

release  of  prisoners _ _ 

general  duties.. ;  . . . . 

power  to  examine  records,  books,  etc. 
message  to  council _ ... 


14 

16 

17 

18 
19 


_ ....  20 

_ _ 21,  237 

_  22 

_  23 

24,  100,  103,  375,  875 
_  25 


INDEX. 


■a. 


23 


power  to  call  out  militia. . . .  26 

misconduct  in  office,  penalty . . .  ‘27 

not  to  be  interested  in  contracts _ _ _ 33,  78,  239,  335 

may  call  special  meeting-  of  council _ _ 45,  393 

may  veto  ordinance  and  items  therein _ 46,  231 

passag-e  of  ordinance  over  veto _ 47,  232 

election  of  when _ 48,  49 

may  appoint  time  for  special  election — when. _ _  60 

to  be  elected _  72 

to  appoint  officers —when _ 74,  247 

bond  and  oath _ _ _ _ _ _  75 

not  to  hold  other  office _ _ _ _ _  80 

conservator  of  peace _ _ _  83 

compensation  of - .84,  526 

officers  to  report  fees,  etc.,  to _ _ _ _  86 

may  administer  oaths . 87 

warrants  on  treasury  must  be  signed  by _ _ 98,  408,  497 

may  determine  when  vacancy  exists  in  office _ _ _ 244 

to  appoint  board  of  examiners  of  plumbers  in  cities  of  10,000 

and  over . . 257 

may  prohibit  use  of  public  building  unless . . .  276 

convey  real  estate,  when _ _ _  _ _ _  288 

may  rebate  tax  when  property  destroved . . . . . .  309 

may  provide  map  when  territory  is  added _ ...  326 

notify  delinquent  officers . . . . . .  373 

sign  commissions,  etc . . . . . . 76,  368,  383 

grant  licenses,  etc. _ 384 

supervise  conduct  of  officers _ 385 

may  grant  leave  of  absence  to  officers _  377 

appoint  officers,  fill  vacancies _ _ _ _ . _ 386 

give  notice  or  make  demand _ ... _ 387 

may  offer  reward _ 388 

appoint  standing  committees _  391 

sign  citation  for  delinquent  alderman _ _ _ 394 

engineer  to  report  suspension  of  work  to _ _ _ 418 

may  direct  engineer  to  establish  grades  _  418 

may  permit  fire  companies  to  ero  r  ut  of  city  limits . . 441 

may  direct  destruction  of  buildings _ _ _ 442 

may  remove  custodia  ns - - - - - 444 

to  appoint  health  officers _ _ _ _ _ _ 445 

ex-officio  president  of  board  of  health _  446 

to  approve  bond  of  inspector _ _ _ _  ..248,  460 

member  police  department _ _ 461 

to  appoint  police  force . . . . . .  . 462 

police  subject  to  order  of _ _ _ 463 

and  council  supervise  care  of  patrol  wagon,  etc _ _ 465 

police  subject  to  orders  of  at  fire _ _  _ _ _  _ 474 

may  direct  crossings  to  be  cleaned _ _ _ _ _ 488 

orders  of  to  superintendent  of  streets  obeyed _ 490 

street  superintendent  to  deliver  implements  to . . 493 

water  superintendent  may  with  consent  of,  discharge  em¬ 
ployes  _ 501 

water  superintendent  to  deliver  implements  to _ 505 

not  to  be  accepted  as  surety  on  bond  to  city _  _ 524 

bond  of _ _ _ _ _ _ _ _ _ 525 

salary  of _ _ _ _ _ _ _ 526 

and  marshal  to  provide  pound  for  estrays _  539 

and  marshal  to  provide  a-sistants _ 547 


24 


INDEX. 


to  execute  cemetery  deeds, . . . . . 5153  to  566 

permit  for  burial  of  non-resident . . 569 

may  prohibit  dogs  running  at  large . . . . . 584 

or  city  council  to  provide  dog  pound _ _ _  586 

complaint  made  to,  of  dog  howling,  etc. _ _ 594 

permit  by  to  store  or  convey  explosives _ _  622 

permit  to  use  fireworks  by _ _ _ _ _ _ 627 

member  of  board  of  fire  commissioners _ _ _ _ 649 

permits  by  for  house  moving.. - - - ...700,  701,  705 

may  revoke  licenses . . . . 725,  739,  757 

decide  upon  applications  for  certain  licenses . . . 726 

may  grant  license  for  sale  of  cigarettes _ _ _  736 

to  approve  druggists  bond. . ... . . . . 746 

may  examine  books  of  druggists . . . . 748 

saloon  licenses  to  be  signed  by _ _ _ _ 761 

may  suspend  saloon  license _ _ _ _ 762 

may  temporarily  close  saloons,  etc _ _ 773 

may  present  copy  of  ordinances _ _ _ _ 870 

acting  mayor,  powers  of  mayor . . . . . .  868 

permits  by  to  sell  on  streets  and  sidewalks _ _ _ _ 906 

permits  by  for  building  material  on  street... _ _ ...  914 

permits  by  for  excavations  in  street _ _ _ _ _  .915,  922 

permits  by  for  auctioneer  on  street.. _ _ r _ 928 

tapper,  appointment  by _ _ _ _ _  956 

may  by  proclamation  limit  or  susp;nd  use  of  water _  964 

approve  bond  of  plumber . . . . 966 

notify  owner  of  inspected  premises  of  defective  plumbing _ 969 

MEAT,  (see  health.) 

inspector  of _ _ _ _ _ _ _ _  695 

MEETING,  council  to  prescribe  time  and  place  of  _ _ _  37 

vote  not  to  be  rescinded  at  special _ _ _  42 

special,  how  called,  etc. _ _ _ _ _ _ 45,  393,  394 

clerk  to  attend  all  of  council _ _ _  8L 

of  city  council _ _ _ _  390 

MENAGERIES  or  circus,  license  fee  -  733 

MERRY-GO-ROUNDS,  license  fee _ _ _ _  733 

METER,  when  required,  rates  and  advance  for _ _ 958 

injury  to... - - _ - - - 787,  962 

MILK,  sale  of  unwholesome,  etc.,  prohibited _ _ 694 

may  be  inspected _ _ _ _ _ _ _  695 

MINERAL  OILS,  (see  Chapters  XXII  and  XXXIV — inspector  of.) 

MINORS,  not  permitted  in  cemetery  grounds  alone _ _  575 

under  18  not  allowed  to  frequent  billiard  rooms _ _  755 

sale  of  cigarettes,  cigars  or  tobacco  to,  prohibited  . . 745,  832 

sale  of  liquor  to,  prohibited... - - - - - - - 767 

MINORITY  REPRESENTATION _ _ _ 53,  54 

MISCONDUCT,  liability  of  officers  for . . . .  378 

MISDEMEANORS,  not  to  labor  on  or  to  keep  open  places  of  busi¬ 
ness  Sunday... _ _ _ ' . . . . 783 

killing  birds  and  squirrels  prohibited  . . . . . 784 

exhibitions  attracting  crowds,  etc.,  frightening  horses  or  in¬ 
terfering  with  travel _ i _ _ _ _  _  785 


INDEX. 


in  jurying-  poles,  posts,  wires,  pipes,  etc . . . 786 

destroying  or  mutilating  posters,  etc . . .  787 

general  trespass  forbidden _ 787 

injury  to  trees,  etc _ _ _ _ _ _ 788 

posting  bills  without  consent . . . . . 789 

depositing  rubbish,  decayed  fruit,  etc.,  in  streets . . 790 

obstruction  of  gutters, .sewers,  etc . . . 791 

bananna  skins,  etc.,  on  sidewalk . . . . . 792 

lounging  in  public  places . . . . 793 

obstructing  entrance  to  hallways,  churches,  etc .  794 

vagrants,  who,  punishment. . . 795 

cheats  and  swindlers .  . . . 795 

night  walkers,  etc . . . . . . .  _  795 

indecent  writing,  drawing,  etc _ 796 

indecent  exhibition  of  stallion,  bull,  jack,  etc . __ . .  796 

ill-fame  or  disorderly  house. . . . . . . 797 

leasing  premises  for  use  as  house  of _ _ _ _  798 

inmate  of  bawdy  house  or  of  assignation _  799 

enticing  females  to  enter _ _ _ _ _ _ 800 

evidence  to  establish  house  of  ill-fame _ _ _  801 

lewedness— words  or  act _ 802 

profane  or  obscene  language  or  disorderly  conduct.. . .  803 

obscene  publications,  implements  for  immoral  use _ _ 804 

lewd  plays  or  performances _ 805 

cruelty  to  animals _ 806 

fraudulent  medicines _ 807 

poisonous  medicines _ _ _ _ _ _ _  808 

■disturbing  religious  or  other  assembly. _ _ _  809 

disturbing  the  peace  by  cursing,  fighting,  ringing  bell  for 

auctions,  etc _ _  810 

throwing  water  upon  persons  or  premises _  811 

fighting  or  challenging  to  fight,  etc _  812 

getting  on  cars,  sleighs,  etc. .. _ _ _ 813 

permitting  disturbance  on  premises _  814 

aiding  in  riot,  and  disturbance,  annoying  citizens,  etc. _ 815 

lotteries,  etc.,  setting  up  or  maintaining _  816 

refusing  to  aid  officers  . . . . . . . 817 

resisting  officers,  rescuing  prisoners . 817 

drunkenness  _ 818 

drinking  liquors  in  public  or  private  places . . . 819 

allowing  persons  to  drink  ^ _ _ _ _ _ _ _  820 

swindling,  cheating,  etc _ 821 

gambling  devices  kept . . . . . . . . . 822 

gambling  _ 823 

possession  of  gaming  instruments _ 824 

inmates  or  solicitors  of  gambling  houses _ _ 825 

removing  or  extinguishing  lights . . . . . 826 

injuring  bicycles  by  tack,  glass,  etc,.... . . . 827 

carrying  concealed  or  dangerous  weapons . . .  828 

encouraging  dogs  to  fight . . . . . . 829 

hindering  officers,  removing  stone  or  stake,  etc _ 830 

burning  stable  refuse  and  rubbish . . . . . . . .  831 

selling  or  furnishing  tobacco  or  cigars  to  minors  . . 832 

persons  with  infectious  disease  appearing  in  public  . . 833 

persons  attending  patients  appearing  in  public _ _ 834 

offensive  or  unwholesome  business . . 835 

annoyance  by  peddlers. . . . . . . 836 

annoyance  by  hand-bill  distributors _ _ _ 837 


2fi 


INDEX. 


keeping-  more  than  two  swine  in  pen  or  near  square  . . 838 

sports,  plays  and  school  grounds  . . . . . 839 

improper  use  of  telephone . .  840 

MONEYS,  collected  on  account  of  city  paid  into  city  treasury _ 371 

MUNICIPAL  YEAR,  defined . . . . . . . . 176 

fixed . . . . . . . . . 359 

NAME,  change  of . . . . : . . . . . .  234 

NIGHT,  bicycles  not  to  be  ridden  without  light . . . . 910 

trains  running  at . . . . .  890 

walkers,  females,  etc . . . . . . 795 

saloons  shall  be  kept  well  lighted  at _ _ _ 764 

NON-RESIDENTS,  not  to  act  as  deputy  sheriffs,  policemen,  etc. _ 235 

sick  with  contagious  disease,  notice  to  supervisor _ _ 451 

NOTICES,  of  general  election _ _ _ _ _ ___  56 

to  officer  when  elected  or  appointed _ _ 59 

of  special  elections _ _ _ _ _  61 

annexation  of  territory  to  city _ _ _ 321 

mayor  to  give . . . . . . . . 387 

for  special  meeting  of  council _ _ _ _ 393 

clerk  to  issue _ _ _ _ _ _ _ _ _ _ 407 

to  supervisor  by  board  of  health _ _ _ _ 451 

city  marshal  to  serve _ _ _ _ 452 

to  railroad  company  about  crossings _ _ _ 892 

NUISANCES,  pig  pens,  stable,  etc _  811 

filthy,  foul  or  offensive  matter,  cesspool,  etc _  842  . 

vehicles  loaded  with  dead  hogs _ - . 843 

noxious  weeds _ _ _  _ _ _ _ 844 

dilapidated  buildings . . . . . .  845 

unsafe  buildings . . . . . . . . .  846 

slaughter  houses,  etc _ 847 

tallow  chandlery,  offal,  rendering,  etc. _ _ _ _ _ 848 

jack,  horse,  dog,  etc.,  braying,  kicking,  etc.  - - ----- - 849 

committing  a  nuisance _ 850 

abatement  of. _ _ . _ 851 

abatement  by  police _ 852 

abatement  without  notice _ _ _ _ _  853 

keeping  rags  in  store _ _• _ _  854 

unlawful  sale  of  liquors _ 855 

gambling  _ 855 

bawdy  house,  etc.  . . . . . . . . . . 855 

abatement  of  gambling  rooms,  etc _ _ _  855 

bond  for  reopening _ 856 

statutory  and  common  law  nuisances _ - . . . 857 

NUMBERING  HOUSES,  Chapter  XXXIX _ _ _ 707  to  713 

OATHS,  to  be  taken  by  officers - - - p.  9 

of  all  city  officers _ _ _ _ — - -  75 

to  be  filed  with  clerk _ _ _ _ _ _ _  75 

mayor  and  clerk  may  administer _ _ _ _  87 

refusal  or  neglect  to  take,  vacates  office - - 243 

OBSCENE  language  in  public _ .  _ _ 803 

publications,  pictures,  etc _  804 

or  lewd  plays. „ _ _ ----- . 805 

writing  or  drawing . . , - - - - - 796 


INDEX. 


27 


OBSTRUCTING  OFFICERS . . . . . .817,  830 

by  standing-  teams,  etc.  .. . .  904 

OFFENSIVE  business  prohibited _ _ _ _ 835 

premises . . . . . . . 841 


OFFICERS,  term  of  not  to  be  extended  after  election _ p.  9 

fees  or  salary  of  not  to  be  changed  during  office _ p.  9,  86  245 

who  ineligible _ _ _ _ _ _ _ pp.  9,  10 

how  removed  and  restored  . . . . . .  20 

misconduct  of _ 27 

not  to  be  interested  in  contracts . . . . . 33,  78,  239,  335 

not  to  act  as  attorney  to  procure . . 239 

what  to  be  elected . . . . . . 49,  72 

council  may  provide  additional  ones  . .  73 

appointments,  vacancies,  etc _ 74 

oath,  bonds _ _ _ _ _ _ 75,  535 

commissions  of- _ _  _ _ 76,  369,  370 

qualifications  of . 77 

bribery,  penalty _ _ _ _ _ _ 79,  239,  240 

not  to  hold  other  office. . . . . . 80  238 

conservators  of  peace . 83 

must  report  fees,  etc . . . . . . . .  86 

contracting  liabilities  limited _ ; _ _ _ _ _ _  91 

release  of  sureties  on  bond  of _ .. _ _ _  197 

failure  to  give  new  bond — effects  delivered _ _ _  199 

resignations  of  elective _ _ _ _ _ _  242 

when  office  becomes  vacant. _ _ _ _ _ 243 

duty  of  sheriffs,  marshals,  policemen,  etc _ _ _ _ 237 

enumeration  of  city  officers . . . . . . .  367 

elective  and  appointive _ _ _ _ ... _ _  367 

terms  of  office . . . . . . 368 

council  may  require  new  bond  of _ _ _ _ _ _  369 

to  deliver  to  successor  all  property,  books,  etc, . . 369 

mast  turn  over  moneys _ _ _ _ 371 

proceedings  in  case  of  default _ _ 372,  373 

salary  to  be  paid  monthly. _ _ _ _ _ 374 

records  open  to  examination _ 375 

manner  of  keeping  accounts _ _ _ _ 376 

leave  of  absence _ 377 

misconduct  of,  liabilitv  for  loss _ _ _ _ _ _  378 

neglect  of  duty,  council  may  employ  substitute . . 378 

to  make  annual  report _ 379 

settlement  of  accounts _  380 

fraudulent  certificate  by _ _ _ L...  381 

fees  of  for  deeds,  permits,  etc.,  for  use  of  city _ 382 


OFFICIAL  BONDS,  officers  to  give 

conditions  of _ r_._ 

no  city  officer  surety  on _ 

amounts  of _ 


522 

523 

524 
:V>3 


OILS,  MINERAL,  inspection  of _ _ 247,  254,  460 

penalties  for  selling  without,  etc -  253 

ORDINANCES,  mayor  to  see  that  they  are  executed _ 1 _ _  _  23 

police  to  see  that  they  are  executed _ ... _ 469 

vote  required  on  passage  of _ _  41 

yeas  and  nays  to  be  taken _ _ _ _ _ _ _ . _  41 

approval,  veto _ 1 . . .  — - -  46 


INDEX. 


28 


to  be  deposited  in  clerks’s  office _ _ _ _ 40 

reconsideration,  passing-  over  veto _ __  47 

style  of . . . . . . . . . .  63 

publication  of,  when  take  effect _ _ _ _  64 

proof  of _  65 

suit  for  violation  of _ 66,  68 

jurisdiction  of  justice  on _  69 

to  be  recorded _ 82,  858 

evidence  of  passage  of _ _ _ _  82 

annual  appropriation  ordinance _ 89 

levying  tax.. _ 111 

sidewalk  ordinance _ 294,  295 

mayor’s  bill  concerning _ 231 

arrest  and  imprisonment  for  violation  of _  68 

annexation  ordinance  to  be  recorded _ 326 

disconnecting  ordinance  to  be  recorded _ _ _ 330 

to  be  drawn  by  city  attorney _ _ _ _ 402 

proof  sheets  of  newspaper  publication  preserved _ 859 

ordinance  repealing  a  former  one _  860 

where  same  offense  may  be  punishable  by  different  sections  ...  861 

construction  in  regard  to  minimum  and  maximum  tines _ 862 

all  apply  to  the  city  of  Monmouth,  except _  863 

rights  and  liabilities  under  and  after  repeal _ 864 

witness  not  subject  to  tine _ 865 

general  construction  of _ 866 

construction  of,  general  terms  and  phrases _  867 

power  rested  in  acting  mayor,  in  marshal _  _ 868 

where  no  penalty  is  provided _ _ _ 869 

bound  books  of  ordinances  to  be  deposited  with  clerk,  mayor 

and  council  may  deliver _  870 

repealing  clause  of  this  ordinance _ 1000 

special  ordinance,  etc.,  no  repeal _ 1000 

time  of  passage  of  this  ordinance _ 1001 

special,  see _ _ _ _  pp  253  to  258 

ORGANIZATION  OF  CITY,  courts  to  take  notice  of, _  6 

PARKS  AND  PARKWAYS,  (see  streets,  etc.) 

PAUPERS,  sick  with  contagious  disease,  notice  to  supervisor _ 451 

PAWN-BROKERS,  license  fee _ 733 

defined _  871 

duties  of _ _ _ _ _ _ _ 874  to  876 

shall  not  receive  or  purchase  from  minor,  person  intoxicated 

or  thief _ 876 

PEACE,  breach  of _ _ 810,  815 

PEDDRERS,  license  fee _  733 

annoyance  by _ ’ _ _ ...  836 


PENALTY,  for  misconduct  of  officer _ 

ordinance  imposing  to  be  published _ 

suits  for  recovering _ 

for  bribery,  etc - 

foreign  insurance  companies _ 

general  where  none  specifically  provided 
see  misdemeanors,  nuisances,  etc. 


PERMITS,  plumbers. must  have _ _ 255,  259 

must  have  for  sewer  connection _ 423,  598,  599,  601 


. . :  zi 

_  64 

66,  68 

...  79 

....  110 
...  869 


INDEX. 


29 


tire  company,  to  go  outside  of  city _ _ _ _ 441 

superintendent  of  streets  may  grant,  when _ , _ 491 

for  burial . . - . . 551,  552,  554,  555,  569 

to  plant  shade  trees  in  cemetery  . . . . 571 

minors  not  allowed  in  cemetery  without _ _ 575 

explosives  not  to  be  stored  without _ - _ - _  622 

fireworks  shall  not  be  set  off  without _  627 

must  have  for  building  within  fire  limits _ _  631 

for  storing  gasolene,  etc - - - 669,  670,  672 

house  not  to  be  moved  without _ ... _ 700,  701,  705 

druggists _ 746 

for  vaults  under  sidewalk _ 898,  899 

for  sale  of  fruit,  etc.,  on  sidewalk  and  street _ _ 906 

for  using  street,  etc.,  for  building  material _  914 

for  excavations  in  street _ 915 

for  auctioneer  on  streets _ /. _ _  928 

to  tap  distributing  pipes _  _ * _ ...  937 

for  water  connection _ _  938 

for  alteration,  etc.,  in  tap  pipe,  etc _  944 

for  furnishing  other  families  with  water _ ....  947 

turning  water  into  service  pipe _ _  949 

for  use  of  water  for  sprinkling,  etc. _ _ _  957 

PETITION  of  property  owners  to  lay  gas  pipes,  string  wires,  etc...  222 

PHYSICIANS,  to  report  infectious  diseases  _  454 

PICTURES,  obscene _  804 

PLATS,  laying  out  towns,  additions _  262 

certificate  of  surveyor,  acknowledgment _  263 

penalty  for  selling  without  recording _ 536,  266 

vacation  of _ 267 

of  part _ _ 268,  269 

additions  must  be  platted _ 535 

of  grades,  etc.,  kept  in  engineer’s  office _  420 

to  be  verified  by  engineer _ _  _  _ 424 

PLUMBERS,  (see  water  department,  plumbers.) 

shall  be  licensed _  718 

mayor  to  decide  on  application _  726 

license  fee _ r._  733 

must  have  state  certificate _ _ _ _ _ _ 966 

must  give  bond _  966 

penalty _ 966 

PLUMBING,  engineer  to  be  inspector  of _  967 

engineer  to  have  authority  as  policeman _ 967 

engineer  to  issue  permits _  970 

or  drainage  plans  submitted  to  engineer _ 599,  970 

to  be  examined  for  leaks _ _ 972 

iron  pipes  may  be  used  when _ _ _  973 

size  and  material  of  soil  pipe _ 974 

waste  pipe,  size,  etc. _ 975,  976 

waste  pipe  to  have  strainer _ 977 

iron  pipe,  quality  and  weight _ _ _ _  978 

traps,  clean-outs  and  supports _  979 

connections  with  fixtures _ as..  980 

offsets,  horizontal  pipes,  recesses  and  joints _ 981 

Durham  system _ 982 


t 


30  INDEX. 

separate  trap,  distance  and  clean-outs _ _ - _  983 

grease  traps.  ..... _ _ _ _ _ _ _ 984 

syphonage  and  ante  syphon  traps. _ 985 

revent  pipes _ _ _  986 

revent  pipes,  quality  and  material _ _ _ 987 

rain  water  leaders _ _ 988 

subsoil  drainage _ _ _ _ _ _ _ _ 989 

floor  and  area  drains  _ _  _ _ _ _ _ 990 

fixtures  not  to  be  boxed  in _ _ _ _ _ 991 

water  closets _ 992 

outside  water  closets _ 993 

to  be  tested _ 994  to  997 

sewer  connections  and  cesspool _ 998 

pipes  for  future  use _ _ _ 999 

POISONS,  sale  of _ ..... _ _ _ ... _ 808 

POLICE,  removal  of  by  mayor _ ... _ _ _  20 

power  to  make  arrests,  conservators  of  the  peace.. _  83 

non-resident  not  to  be  special  _ _ _ _ _ _  235 

to  serve  notice,  etc.,  from  board  of  health _ _ _ 452 

department  established _ -161 

appointments _ ....’ _ _ 462 

special  police,  appointment,  powers  and  fees  of. - .....  462 

duty  of  police  sergeant  to  assist  marshal _ 468 

sergeant  have  same  general  power  as  marshal  _ _ 468 

duty  of  police  to  discover  and  bring  criminals  to  justice _ ...  469 

powers  of  policeman  same  as  city  marshal  ..- _ _ _ _ :  469 

under  direction  of  city  marshal,  or  sergeant. _ _ _ 479 

must  wear  star  ... _ _ .... _ _ 462,  471 

to  arrest  offenders.. _ _ _ _ _ ... _ 472 

may  require  assistance _ ... _ _ _ . _ 472 

may  direct  travel,  persons,  teams,  etc. _ ... _ 473 

to  attend  fires _ _ ----- _ _ _ _ 474 

penalty  for  neglect  of  duty  _ _ 475 

bond  o f _ _ _ _ _ _ 525 

uniform _ _ _ _ ..527  to  532 

salary  of  policemen _ _ _ _  _ _  526 

shall  take  up  stray  animals  _ _ _ _ _ _ _ 540 

fee  for _ _ . _ 546 

■ 

take  up  and  impound  dogs _ _ 586 

refusal  to  aid _ ... _ _ _ _ _ 817 

obstructing  policeman _ _ _ _ _ 817,  830 

false  personation  of  officer _ _  830 

improper  conduct  towards  prisoners _ _ _ 886 

have  charge  of  the  city  prison. _ ...  _  886 

proceedings  when  arrests  are  made.. . . . . . 880 

may  take  security . . . . *.• _ : _ _  880 

see  marshal. 

POLICE  MAGISTRATE,  election  and  term . . . . .  273 

shall  keep  docket _ _ _ _ 877 

no  suit  to  be  dismissed  for  informality..., . . . .  878 

where  defendant’s  name  unknown _ _ _  j._. _ _ _  879 

judgment  by  default,  etc,... - - - - -  880 

when  complaint  is  malicious . . . . . . .  881 

^rm  of  judgment _ _ _ : — . . . .  882 

shall  make  monthly  report _ _ _  _ _ 884 

pay  to  treasurer  fines  collected _ _ — . . 884 


INDEX. 


81 


PORTERS  AND  RUNNERS  at  railway  depot. . . . . 8011  to  896 


POUND,  to  be  provided  for  animals . __.r .  . ...539,  586 

PRISON,  CITY,  location  of _ _ _ _ _ _  885 

marshal,  etc.,  keeper  of _ _ _ _ _ 886 

expense  of  keeping- . . . .... _ _ 887 

PRISONERS,  release  of  by  mayor _ _ _  22 

release  on  special  bail  by  policeman _ _ _ _ _  880 

may  be  required  to  labor  on  roads  and  streets... _  68 


PRIVIES,  where  and  how  built _ .• _ ...  690 

and  cesspools,  not  to  deposit  offal,  etc.,  in _ _ _ _ 689 

offensive- _ _ . _ ........... _ _ _ 691 

cleaning  of _ _ _ ... _ 480,  691 

not  to  be  cleaned  except... . . . . r._. _ 479 


PROFANITY,  public _ _ _ , _ _ _  803 

PROPERTY  OWNERS,  petition  of  to  lay  gas  pipe,  string  wires, 

etc _ _ _ . _ _ _ 222 

PROSTITUTES,  on  streets. _ .... _ , _  795 


PROVISIONS,  when  unlit  for  food....: _ ... _ .....692  to  694 

inspection  of _ _ _ _ _ _ _ _ 695 

PUBLIC  BUILDINGS,  doors  to  open  outwards _ _ _ _  274 

when  may  be  closed - -  - - - - - ,. _ 276 

PUBLIC  EXHIBITIONS,  license  fee _ _ .... _ 733 

PUBLIC  GROUNDS,  riding  or  driving  animals  in  or  through _ 930 

PUBLIC  WORKS,  aliens  not  to  be  employed  on.. _ _  _  195 

QUALIFICATIONS  OF  OFFICERS.... _ _ _ _ _  77 


RAILROADS,  power  of  council  over _ _ _ 

may  construct  sewers  through.. _ 

grant  right-of-way  only  on  petition  of  ... 

starting  trains  without  signal..'.. _ 

stoning  train— penalty _ 

penalty — engineer  or  conductor  violating 
llagman— shelter _ _ _ _ _ ... 


not  to  obstruct  streets. _ _ _ ----- _ _ - _ 282, 

speed  through  city _ _ _ _ _ _ _ _ 284, 

bell  to  be  rung,  shall  keep  light  on  moving  train _ _ 

whistle  not  to  be  sounded  except _ _ _ _ _ 

whistle  not  sounded  nor  steam  to  escape,  except.  _ _ _ _ 

shall  construct  and  maintain  crossings _ _ _ _ 278, 

neglect  to  make — notice _  _ _ _ 1..279, 

failing  to  construct,  city  may  construct,  etc _ ...  .280, 

only  one  runner  to  each  hack  at  depot  ... _ _ _ 

runners  and  porters  at  depot. . . . . . . 894, 


62 

62 

62 

277 

282 

283 

285 

888 

889 

890 

891 

891 

892 
892 

892 

893 
895 


REAL  AND  PERSONAL  ESTATE,  conveyance  of.. _ _ 286 

RELEASE  of  prisoners  by  mayor _ _  _ _ _ _ _ _ _ ............ _  22 

REPEAL  of  ordinance  in  force  after _ .... _ 860 

after  repeal,  rights  and  liabilities  under. ..... ... _ .: . 864 

REPORT,  officer’s  annual _ _ _ _ _ 379 

(see  title  of  respective  officers.) 


INDEX. 


32 


RESIGNATION  of  officers,  who  made  to _ _ _ _ _ 242 


RESISTING  or  obstructing-  police  . . . . . . 817 

REVENUE,  sections  state  law  applicable  to  city.. . . . 292 

REWARD  for  criminal... . .  . . . . . 388 


RIOTS,  power  to  suppress . . . (Cl.  72)  62 

punishment  for . . . „ . . . . . .  815 


RUBBISH,  depositing-  in  streets . . . . . . 790 

RULES  and  order  of  business  of  council . . pp.  259  to  263 

RUNNERS,  (see  porters  and  runners,) 

SALARIES,  wages,  fees . . . . . . . 526 

payable  monthly .  . .  . . . . .  374 


SALOONS,  license  fee  payable  in  advance _ _ 211,  723 

not  to  be  licensed  unless  voted  for  . . . . . 758 

application  for  license,  proceedings _ _ _  759 

bonds  by  applicant _ _ _ _ _ _ _ 760 

license  fee  for. _ _ _ _ _ _ 761 

time  of  expiration  of  license _ _ _ _ _  761 

license  for  signed  by  mayor . 761 

license  for  may  be  suspended  or  revoked  . 762 

officers  not  to  be  hindered  from  entering . 762 

license  for  keeping  only  on  first  lloor _ 763 

only  one  room  to  be  occupied _ _ _ _ _  764 

no  obstruction  to  view  of  room _ _ ‘ _ 764 

accessible  to  police... _ 764 

room  for  must  not  be  connected  with  other  room . ... . .  764 

shall  be  kept  lighted  at  night _ _ _  764 

not  open  on  Sunday,  nor  between  10  p.  tn.  and  6  a.  m _ _ 765 

no  games  to  be  played,  nor  music  in _ _ _ _ 766 

minors  shall  not  loiter  in  nor  liquors  be  sold  nor  given  to  or 

delivered  for  _ _ 767 

disturbance  in  prohibited _ 768 

not  to  be  sold  to  intoxicated  person  or  one  in  habit  of  getting.  769 

any  shift  to  evade  shall  be  unlawful _ _ _ _ _ 770 

in  prosecutions  need  not  state  kind  of  liquor,  etc.  . .  _  771 

unlawful  to  sell  after  notice  by  wife  or  relative . . . 772 

mayor  may  order  closed... _ _ _ _ _ 773 

penalty  . 774 

not  to  sell  in  quantities  exceeding  one  gallon . . . .  ..774^ 

SCALES,  inspection  of _ _ _ _ _ _ _ 506 

SCARLET  FEVER  (see  infectious  diseases  and  Chapter  XL) 


SCAVENGER,  to  remove  garbage  slops,  etc. . . . . . .  476 

must  provide  himself  with  water  tight  box  or  vehicle _ 477 

governed  by  the  board  of  health. . . . . . 478 

no  privy  vault  to  be  opened  between  4  a.  m.  and  10  p.  m . 479 

must  complete  work  speedily . . . . . . . 479 

privies  must  be  cleaned . . . . . 480 

bond  of . . . . . . 525 

fees  of  scavenger _ • _ _ _ _ _ _ 526 


SCHOOL  GROUNDS,  games  on  prohibited,  when _ _ 839 

SEAL,  city . — . . . . . . . . . . . 361 


INDEX. 


33 


SEALER  OF  WEIGHTS  AND  MEASURES,  (see  inspector  of 
weights  and  measures.) 

SERGEANT  OF  POLICE,  (see  police.) 


SET-OFFS,  claims  subject  to _ _ _ _ _ 397 

SEWERS,  outlet,  reservoirs,  etc - - -  293 

tax  for _ _ _ _ _ _ _ _ _ _ _  311 

see  drains. 

SEXTON,  city,  have  control  of  cemetery _ _ _ 482 

shall  keep  cemetery  in  good  order _  482 

point  out  lots  for  sale  and  notify  clerk  when  selection  made  ._  482 

on  request  of  owner  to  keep  lot  in  good  order  and  dig  graves--  483 

to  attend  every  interment  and  fill  and  trim  graves _ _ 483 

shall  keep  register  of  persons  buried _  483 

shall  keep  walks  and  avenues  in  good  order _ _ _  483 

shall  give  his  entire  time  to  city  and  may  hire  help _ 484 

may  make  contracts  for  care  or  improvements  of  lots,  and 

report  bills  to  clerk _ _ _  484 

shall  preserve  order  in  cemetery . . . . . . 485 

permit  by,  to  plant  shrubs,  etc. _  _ _ 571 

SIDEWALKS,  power  of  council  over _  _  62 

additional  mean5  for  construction _ 294  to  299 

owner  may  construct _ 295 

in  cas  ?  owner  neglects  to  construct _ _ _ .  296 

special  tax,  duty  of  clerk,  report _  297 

general  officer  to  obtain  judgment,  how _ 298 

when  constructed  by  owner  may  obtain  order _ 299 

incumbering  with  merchandise _ 897 

space  under  for  vaults,  permits _ 898,  899 

openings  over  vaults  to  be  covered _ 900 

when  liable  for  damages _ _ 901 

openings  in  to  be  guarded _  902 

water  on. _ 903 

obstruction  by  standing  team _  904 

driving  teams  or  animal  over,  except _  904 

clothing,  goods,  etc.,  not  allowed  on,  except _  905 

permits  for  sale  of  fruits,  etc.,  may  be  granted  when _  906 

price  of  permits _ _ _ . _ _ 906 

bicycles  shall  not  be  ridden  on _ _ _ _ _ 910 

building  material  on _ _ _  _  914 

guards  and  danger  signals _ _ _ _ _  914 

no  excavation  in  without  a  permit _ _ . _ 915 

excavations  to  be  properly  filled _ _  916 

awnings  must  be  7  feet  over _ _ _ 917 

gates  swinging  over _ 929 

SHADE  TREES,  shall  not  hitch  to _ .. _ _ _ _ _ 930 

SHELLS — loaded,  license _ _ _ _ 718,  733 

SHERIFF — may  serve  city  process _ _ _ . 70 

SHOWS,  license  fee _ - _ _ _ _ . _ _ 733 

SLAUGHTER  HOUSES  when  a  nuisance _  847 

SLAUGHTERING  PROHIBITED... _ _ 847 

SLEIGHS,  bells  on . . r . . . . . 913 


INDEX. 


SLUNGSHOT3 . . . - . . -  828 

SMALL  POX,  (see  health,  infectious  diseases  and  Chapter  XL) 

SPECIAL  ASSESSMENTS, _ _ _ _ _ _ 11(5 

SPECIAL  BAIL  may  be  taken  ... . . . . 880 

SPECIAL  ELECTIONS,  power  to  call _ GO,  (51 

SPECIAL  MEETINGS,  (see  meetings.)  « 

SPECIAL  ORDINANCES _ _ _ _.pp.  253  to  258 

SQUIRRELS,  injury  to  or  killing. _ _ _ 784 

STAIRWAYS  in  public  buildings _ _ _ ....660,  (5(51 

in  hotels  and  lodging  houses _ ...  _ - _  602 

STALLION,  indecent  display  of _ _ _  79(5 

STEAM  WHISTLES  not  to  be  blown  except. ... .. .. ... _ , _ 891 

see  railroads  also. 

STEAM  BOILERS,  council  may  provide  for  examinations,  license, 

etc _ 300 

STONING  TRAIN,  penalty _ 282 

STORE,  second-hand,  license  fee _ !. . . 733 

defined.. _ 873 

STOVE  PIPES,  unlawful  to  use  or  erect,  except _ _  655  ' 

STRAW,  stacking  in  exposed  places _ 1 _ _ _ 666 

STREET  RAILROADS,  eminent  domain..  _ _ _ _ 302 

compensation  for  property _ 303 

location  of  road,  consent,  notice,  damages _ 304 

control  of  streets  reserved,  police  power. _ _ _ _  305 

STREETS,  powers  concerning _ (52 

labor  on  _ _ _ _ . . . . .  71 

permit  to  laying  pipes  and  stringing  wires  in  on  petition _ 222 

vacation  of,  three-fourths  majority . . . . . . 307 

telegraph  companies,  consent  to  erect  poles  in... . _ 317 

encumbering  with  merchandise _ _ 897 

openings  in  to  be  guarded _ _ _ _ _ _  902 

obstruction  by  standing  team _ r _ _ _  904 

horses,  etc.,  in,  to  be  fastened  or  guarded _ _ _■ _ 907 

turn  to  right _ 908 

horses,  etc.,  not  to  be  fed  on  certain  streets _ _ _ _  909 

bicycles,  etc.,  must  carry  light  at  night _ _ 1  >_  910 

bicycles,  dangerous  ridding . . . . . . .  911 

horses,  etc.,  fast  driving  or  riding _ _ _ _  911 

racing  on  streets  forbidden _ _ _ _ _ _ 912 

sleighs,  etc.,  without  bells _ _ _ _ _ 913 

building  material  on  . . _ _ _ _ _ _ _ 914 

guards  and  danger  signals  _ _ _ _ _ _ 914 

no  ex  vacation  in  without  permit _ _ 915 

excavations  to  be  properly  filled  _ _ _ _ 916 

encroachments  of  buildings  and  fences  upon _ _ _ 918 

barbed  wire  and  hedge  fence  within  5  feet  of _  918 

protecting  from  danger  by  excavation _ _ _ _ _  919 

removal  of  building,  etc.,  encroaching  on  streets. _ _  920 

penalty  for  failure  to  remove _ 921 


INDEX. 


85 


closing  to  travel . . . . . . 922 

stone,  mortar,  etc.,  hauled  in  tight  box . _ _ 923 

heavy  load  without  wide  tires _ _ _ _'r . . 924 

encumbrance  or  obstruction  upon... _ _ _ _ _ 925 

removal  of  encumbrance,  etc _ 926 

setting  of  shade  trees' upon _ _ _ _ _ 927 

auction  on  streets,  permit _ _ _ _ _ _ 928 

gate  not  to  swing  over  _ J. _ _ _ _  929 

parkways,  not  to  be  driven  over _ . _ _ 930 

parkways  may  be  established _ _ 931 

fire  department  and  police  right  of  way  _ _ _ 932 

sprinkling,  how  much _ 953 

STREET  WALKERS _ 795 

SUNDAY,  unlawful  to  labor  on  or  keep  open  place  of  business- _ 783 

saloons  not  to  be  open  on _ _ _ ..  765 

intoxicating  liquors  not  to  be  sold  or  given  away  on _ 778,  781 

SUPERINTENDENT  OF  STREETS,  office  may  be  provided  for  ...  73 

appointed  by  mayor _ _ ...74,  367,  368 

commissioned _ _ _ 76,  370 

salary  and  how  paid _ _ _ _ _ 86,  374,  526 

deliver  books  and  papers _ _ ..... _ 369 

pay  money  and  make  reports  _ _ _ _ 371,  379 

failure  to  pay  over  reported _ . _ . _  72 

books  of  subject  to  inspection _ _ _ .... _ : _ 375 

leave  of  absence  how  obtained _ _ _ 377 

liable  for  omission,  etc.,  of  duty _ .... _ _ 378 

false  or  fraudulent  certificate  by _ _ 381 

to  be  charged  with  money  or  property _ ...i..' _ *109 

supervise  work  connecting  drains  with  sewer  _ _ -423,  600 

in  absence  of  engineer  may  grant  permits _ _ _ _ 491 

shall  not  be  hindered  in  his  duty _ _ _ 439 

bond  of _ _ _ _ _ _  525 

general  duties  of _ 486  to  496 

convicts  to  work  on  streets  under _ _ 883 

notice  to  railroad  authorities  by _ _ 892 

orders  by  to  repair  walk  over  vaults _ _  899 

openings  in  vaults  to  be  under  supervision  of _ i _ 900 

notice  by  relating  to  water  on  sidewalk  _ ... _ 903 

permit  to  have  excavations  in  streets _ _ _ 915 

shall  notify  persons  encroaching  on  streets  by  building,  etc.  ._  920 

shall  remove  obstructions  on  streets  when _ _ _ 921 

may  close  street  for  improvement  when _ _  922 

cause  wagons  appearing  too  heavily  loaded,  weighed,  etc. _ 924 

notify  owner  of  obstruction  on  street _ _ „  925 

may  order  obstruction  removed _ _ _ _ _ _ 926 

may  with  engineer  establish  parkways _  931 

SUPERINTENDENT  OF  WATER  WORKS,  to  be  appointed  ......  367 

salary  and  how  paid  ... _ 86,  374,  526 

must  deliver  books  and  papers _ _ _ 369 

commissioned _ 370 

pay  over  money  and  make  reports _ ... _ 371,  379 

failure  to  pay  over  reported _ _  372 

leave  of  absence,  how  obtained _ _ _  377 

liable  for  omission  of  duty _ . _ _ _ 378 

false  certificate  by _ _ 381 

shall  be  charged  with  moneys  and  property _ 409 


INDEX. 


36 


shall  not  be  hindered  in  performance  of  duty _ 439,  830 

general  duties  of - ,1. _ _ _ 501  to  505 

shall  procure  curfew  whistle _ _ _ 578 

order  of  to  let  on  water _ _ 936,  949 

permit  to  lay  water  pipe  _ _ _ _  938 

consumers  must  answer  questions _ . _ _ _ _ 946 

may  enter  consumer’s  premises _ _  951 

manufacturer’s  lire  pipes,  permit  for _  955 

permit  by  to  use  hose  beyond  regular  hours _ - _ 957 

shall  shut  off  water  when _ _ _  961 

may  open  fire  hydrants _  _ 963 

SUPPLIES,  clerk  to  advertise  for  bids _ 933 

specifications  for  proposal  for  advertising _ _ __  .  934 

SURETIES,  release  of _ _  197 

SURETY,  city  officer  not  to  be  to  city _ 1 _ 524 

SURVEYS,  to  be  made  by  engineer _ _ _  417 

fees  for _ _ _ _ 422 

SWINE,  regulating  keeping  of _ . _ _ _ 838 

TARGET  SHOOTING,  license  fee _ 733 

TAXES,  power  to  levy  and  collect _ _  _ (Cl.  3)  62 

for  judgment  and  temporary  loans _  90 

ordinance  levying _  111 

how  collected _ 112 

time  of  paying  over _  113 

when  levied  for  particular  purposes _ 04 

uniformity _  115 

city  to  certify  amount  rtquired,  when _ _ _ 111,  291 

for  water  works _ 171,  336,  349 

rebate  of  when  propertv  destro\ed _ ’ _  309 

restoration  tax  for  buildings  destroyed _ _  314 

sewerage _ 311 

water  and  light _  312 

double  assessment  of,  payment  refunding  .Sec  268,  Gh.  120.  R.  S. 

omitted  property _ Sec.  276,  Ch.  120.  R.  S. 

noi  collected  added  to  subsequent  year _ Sec.  277,  Ch  120,  R.  S. 

set  apart  for  payment  of  warrants  drawn _  333 

city  may  buy  in  at  sales _ _• _  116 

TAXATION,  rate  of _ _ _ . _  111 

TAX-PAYER,  may  enforce  rights  in  name  of  city _ _  172 

TELEGRAPH  COMPANIES,  consent  to  erect  poles,  etc _ 317 

TELEPHONE  AND  TELEGRAPH  POLES,  injuring _ 786 

posting  bills  on _  789 

telephone,  improper  use  of _  840 

TERRITORY,  annexing _ _ _ _ 318  to  328 

excluding _ 329 

TERRITORIAL  JURISDICTION _ _ _ .44,  (Cl.  45)  62 

THEATERS,  license  of  ..... _ . -  733 

TOBACCO,  sale  of  to  minors _  832 

TOY  PISTOLS,  sale  to  minors _ 628 


INDEX. 


37 


TRAIN,  stoning,  penalty  . . . . . . . . 282 

starting  without  signal _ _ _ _  277 

limit  of  speed  of _ _ _ _ _ _ 284,  889 

TREASURER,  election  of,  term,  not  to  serve  twice _ 49,  73 

bond — oath  of _ _ 75,  525 

clerk’s  bond  to  filed  with _  75 

not  to  hold  any  other  office _  80 

books — always  subject  to  inspection _ ' _  92 

to  keep  separate  accounts  of  fund _ _  93 

give  receipts _  94 

monthly  statements,  vouchers,  warrants _  95 

deposit  of  funds  separate  from  his _ _  90 

annual  report — publication _ _ _ _ _  97 

warrants  on _ _ _ 98,  497 

keep  special  assessment  fund  separate _  99 

further  duties  may  be  required  of _  107 

appeal  to  finance  committee _  108 

may  appoint  subordinates _ 109 

must  deliver  books  and  papers _  369 

make  annual  report _  379 

endorse  warrant  when  fund  exhausted _ 497 

lost  or  destroyed  warrants,  issue  of  duplicate,  etc. _ 499 

books— how  kept _ _ ____ 500 

salary  of - 526 

to  keep  money  from  sales  of  cemetery  lots  separate _ 560 

dram  shop,  license  fee  to  be  paid  to _ < _ 211 

report  failure  of  officer  to  return  money _ _ _ _ 498 

TREES,  SHRUBS,  injury  to _  788 

shade,  not  to  hitch  to - -  930 

shade,  setting  on  streets - -  927 

TRESPASS _ 787 

UNIFORM,  police _ _ ....527  to  532 

members  of  fire  department _ 533 

city  sexton _ 531 

VACANCY  in  office  _ _ _ _ _ _ 15  to  18 

in  office  of  alderman _ 32,  54 

how  filled.. _ _ 74 

when  office  becomes  vacant _ 243 

who  may  determine _ _  244 

VACATION  OF  STREETS _ 307 

right  of  adjoining  owners _ _ _ _ _ _ 308 

VACCINATION _ _* . . .  456 

VAGRANTS,  defined — punishment _ 795 

VETO,  of  ordinance _  _ _ _ _ _ 46,  47 

VOTE  OF  COUNCIL,  mayor  has  casting  vote . . . .  19 

two-thirds  reinstate  officer _ _ 20 

majority  to  pass  ordinance _ _ _ _ _  41 

two-thirds  to  pass  over  veto _ _ _  47 

two-thirds  create  new  office  and  discontinue  office _  73 

two  thirds  order  improvement  after  appropriations -  90 

three-fourths  to  vacate  street _ _ _ _ _  307 

two-thirds  to  annex  one  corporation  to  another - 319 


88 


INDEX. 


majority  to  disconnect . . . . . . 329 

three-fourths  for  sale  of  realty,  etc _  286 

WARDS,  council  may  divide  city  into _ _ _ _ _  51 

boundaries  fixed . . . . . 362  to  366 

WARRANTS,  for  violating  ordinance _ _ _  68 

officers  to  be  commissioned  by7 _ _ _ _ _ _ 7 6 ,  369 

treasurer  to  deposit _ _ _ _ _ _ _  95 

form  of  for  payment  of  money-. . . . . . .  98 

clerk  to  have  charge  of _ _ _ _ _ _ 104 

none  to  be  drawn  until  report,  or  when  in  arrears _ 374 

lost,  duplicate  of _ 499 

for  collection  special  sidewalk  taxes _  _  296 

drawn  upon  treasurer  when _ _  33*2 

issued  in  anticipation  of  taxes _ 333,  935 

interest  on _ 334 

how  treasurer  shall  pay  or  endorse _  497 

WATER,  power  of  city  to  provide  supply _  169 

acquiring  property  for _ ._  170 

regulations  for  use _  171 

fund  certificates _  344 

stream  of  thrown  from  hose.  _ _ 811 

WATER  DEPARTMENT,  comparative  statement  of  reeeipts  by 

cobector _ . _ 416 

rules  and  regulations  of,  part  of  contract  with  us^rs _  936 

no  tap  without  permit _ _  937 

application  for  permit,  how  made _ _ 938 

permit,  what  to  authorize _ _  938 

service  connection,  how  made  and  material  ... _ 939 

taps,  size  of,  location _  941 

stop  and  waste  cock  to  every7  supply  pipe _  942 

service  pipes  intended  for  two  families _  943 

no  addition  or  alteration  without  permit _ _ _ 944 

service  pipe  and  fixtures  to  be  kept  in  good  repair _  945 

application  for  water  made  to  city  collector _ 946 

occupants  of  other  premises  not  to  use  without  permit _ 947 

no  claim  against  city  by  reason  of  accident _  948 

plumbers  not  to  turn  on  water _  _  949 

water  for  cisterns,  etc.,  how  obtained _ : _ _ 950 

collector  or  superintendent  to  be  allowed  to  enter  premises _ 951 

water  not  to  be  wasted _ 951 

in  case  of  fire,  sprinkling,  etc  ,  prohibited _  952 

sprinkling  of  streets,  how  much  _ _ _ _ 953 

sprinkling  by  cart _ _ 953 

hose,  what  to  be  allowed _  954 

fire  pipes  for  manufactories,  provision  for _  955 

tapper  appointed  by  mayor,  shall  execute  bond _  956 

tapper  held  responsible  to  citv  for  damages . — .  956 

plumber  after  completing  attachment  must  report  to  collector  956 

annual  water  rates _ _ — . . .  957 

meters,  when  required,  and  rates. . . . . . . .  958 

cost  of  meter . . . . . . . . . 958 

water  rates  assessed  against  land.. _ _ _ 959 

how  suits  may  be  brought,  for _ - . . . 960 

water  tax  a  lien . . . . .  960 

water  may  be  shut  off . . . . .  961 

injury  or  obstruction  to  hydrants,  meters,  etc . .  962 


INDEX. 


39 


hydrants  not  to  b:  opened . . . .  963 

mayor  may  limit  or  suspend  the  use  of  water _ _ 964 

receipts  to  be  kept  in  separate  fund _ _ 965 


WATER  DEPARTMENT  PLUMBERS,  (see  plumbers,  plumbing 


and  inspector.) 

WATER  WORKS  SUPERINTENDENT,  (see  superintendent  water 

works.) _ 501 

WEEDS,  when  nuisance- . 844 

WEIGHTS  AND  MEASURES,  (see  inspector  of  weights  and  meas¬ 
ures.) 

WEIGHT,  fraudulent  certificate  of _ 381 

WEIGHM ASTER,  duties  of. _ _  518 

no  certificate  unless _ 519 

report  monthly  and  charges _ ---520,  521 

fees  of. _ _ i _ _ _  526 

WHISTLES,  (see  steam  whistles.) 

WIRES,  stringing  prohibited  unless  petition  by  property  owners _ 222 

WITNESS,  not  subject  to  fine  or  penalty,  when.. _ _ _ 865 

WOOD,  COAL  AND  HAY,  (see  inspector  of  weights  and  measures.) 

fraudulent  weighing  or  measure  of _ 514 

WOODEN  BUILDINGS,  dilapidated,  nuisance _  845 

unsafe  _ 846 

see  fire  limits. 

YEAR,  fiscal _ 88,  360 

municipal. _ _ _ 176,  359 

YEAS  AND  NAYS,  to  be  taken  on  removal  of  officers _ _  20 

to  be  demanded  by  any  alderman _  41 

to  be  taken  on  passage  of  ordinance,  etc _  41 

to  be  taken  on  passage  of  ordinance  over  veto  _  47 

to  be  taken  on  ordinance  vacating  streets _  307 


23 


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